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2004(7) Supreme 425
SUPREME COURT OF INDIA
(From Punjab and Haryana High Court)
Arijit Pasayat & Prakash Prabhakar Naolekar, JJ.
Chandigarh Administration & Ors. -Appellants
versus
Namit Kumar & Ors. -Respondents
Civil Appeal No. 3700 of 1999
With
CA No. 6308/2004 (Arising out of SLP (C) No. 14342/98
CA No. 6310/2004 (Arising out of SLP (C) No. 14639/98
CA Nos. 6311-6312/2004 (Arising out of SLP (C) Nos. 76-77/99
CA No. 6309/2004 (Arising out of SLP (C) No. 13994/99
And
CA No. 6313/2004 (Arising out of SLP (C) No. 13720/99
Decided on 27-9-2004
Counsel for the Parties :
For the Appellants : Har Dev Singh, Sr. Advocate, Ms. Inklee Barooh, Ms. Kamini Jaiswal, Aditya Kr. Chaudhary, Neeraj Kr. Jain, Dinesh Kumar Masant, Mrs. Madhu Moolchandani, H.M. Singh, Ms. Shabana Saifi, Advocates.
For the Applicants : R.K. Kapoor, M.K. Verma, A.A. Khan, Advocates.
For the Respondents : Somiran Sharma and Manoj Swarup, Advocates.
For the Appearing Parties : S.S. Jauhar, R.S. Suri, Mahabir Singh, Ms. Kavita Wadia, Mrs. Rani Chhabra and Prem Malhotra, Advocates.
Held : Direction No. 10 relates to levy of parking charges. The High Court directed that the concerned authorities shall provide parking space and properly utilize the existing space in and around the commercial and public places. Additionally, it was directed that any person who enjoys the parking facilities should be charged keeping in view the period for which such vehicle was parked in the prescribed parking area. (Para 5)
We modify the order to the extent that it shall be for the Chandigarh Administration to fix the quantum of parking charges taking into account all relevant factors (Para 6)
So far as direction No. 23 is concerned, the same relates to introduction of one way traffic in Sectors 24, 17 and institutional and commercial sectors. It is submitted that wherever there is a need for introducing one way traffic system, the same will be introduced. There is no difficulty in introducing the system in institutional and commercial sectors but liberty should be given to the Administration to make relaxation taking into account the relevant factors. We modify the direction to the extent that proper traffic arrangements shall be made. If the Administration wants to relax the one way traffic system in any sector, the same can only be done by indicating the special features which warrant such a departure. The reasons shall be recorded and placed before the High Court so that it can be examined whether the reasons indicated justify the departure. (Para 7)
One of the major difficulties highlighted by the Chandigarh Administration relates to the utilization of vehicles of Chandigarh Transport Undertaking. (Para 9)
We feel that it would be appropriate for the Chandigarh Administration to file an application before the High Court indicating the factual details so that the Court can decide as to whether any modification of the direction is called for. (Para 10)
Learned counsel for the appellant-Chandigarh Administration submitted that if parking is not permitted, it would mean that even old, disabled persons, children, and ladies have to walk long distance to go their residential house. We feel the High Court can consider whether any viable arrangement can be worked out taking into account suggestions made by the Chandigarh Administration and other parties before the High Court. (Para 13)
We, therefore, direct that if any exemption is granted to any person including Sikh women from any of the Motor Vehicles Rules relating to different States or areas or under any Statutory Rule the same shall operate notwithstanding the directions of the High Court that all persons including women shall wear helmets. (Para 15)
One other direction which has been assailed relates to the use of black films on the glasses. It is submitted that Central Motor Vehicles Rules, 1989 (in short Central Rules ) provide for the measure to be taken in such cases. We find that sub-rule (2) of Rule 100 of the said Rules deals with the issue. We, therefore, modify the direction of the High Court to the extent that while carrying out the directions, the mandate of sub-rule (2) of Rule 100 shall be kept in view. This shall be in addition to any security requirement as may be laid down by the law and order enforcing agencies. (Para 16)
It has been submitted that directions have been given to remove all advertisements facing the highway, main roads and the side roads. The stand of the Government is that the same would result in huge loss of revenue by way of license fees for the licenses which have been granted for the purpose. It was pointed out that persons who would be affected were not heard. Though while dealing with issues like environmental pollution and road hazards there is no need for giving notice to all the persons affected, it shall be open to the State Government or licencee to bring to the notice of the High Court that there is no safety hazard involved. The High Court shall consider them, if raised, in the proper perspective. (Para 20)
JUDGMENT
Arijit Pasayat, J.-Leave granted in SLP (C) Nos. 14342/98, 14639/98, 76-77/99, 13994/99 and 13720/99.
2. In all these appeals challenge is to some of the directions given by the Punjab and Haryana High Court while dealing with a public interest litigation filed by an advocate and two doctors. Their main grievance was that there was immense air and noise pollution, traffic congestion and unsystematic functioning of the various authorities. It was specifically highlighted that there was increase in the number of vehicular accidents which resulted from absence of proper traffic control.
3. Civil Appeal No. 3700/1999 has been filed by the Chandigarh Administration. The appeals corresponding to SLP (C) No. 13994/99 and SLP (C) No. 14639/98 relate to a direction for use of helmets by ladies. Appeals corresponding to SLP (C) Nos. 76-77/99 have been filed by the Government of Haryana taking the stand that some of the directions cannot be implemented due to financial stringency.
4. The Chandigarh Administration has called in question some of the directions which we shall deal with individually.
5. Direction No. 10 relates to levy of parking charges. The High Court directed that the concerned authorities shall provide parking space and properly utilize the existing space in and around the commercial and public places. Additionally, it was directed that any person who enjoys the parking facilities should be charged keeping in view the period for which such vehicle was parked in the prescribed parking area.
6. Learned counsel for the appellant-Chandigarh Administration submitted that though the direction is being implemented in letter and spirit, some difficulties arise while fixing parking charges. Considering the difficulties highlighted, we modify the order to the extent that it shall be for the Chandigarh Administration to fix the quantum of parking charges taking into account all relevant factors.
7. So far as direction No. 23 is concerned, the same relates to introduction of one way traffic in Sectors 24, 17 and institutional and commercial sectors. It is submitted that wherever there is a need for introducing one way traffic system, the same will be introduced. There is no difficulty in introducing the system in institutional and commercial sectors but liberty should be given to the Administration to make relaxation taking into account the relevant factors. We modify the direction to the extent that proper traffic arrangements shall be made. If the Administration wants to relax the one way traffic system in any sector, the same can only be done by indicating the special features which warrant such a departure. The reasons shall be recorded and placed before the High Court so that it can be examined whether the reasons indicated justify the departure.
8. So far as long term directions are concerned, in direction No.2 it has been stipulated that whatever suggestions are made by the High Power Committee shall be treated as directions of the High Court. It was submitted that before these recommendations and suggestions are treated to be directions of the High Court, an opportunity be granted to the Administration to have its say. We consider the prayer to be reasonable. We modify the direction to the extent that whenever any suggestion is received from the High Power Committee the Administration shall be given an opportunity to have its say and thereafter the High Court shall pass necessary orders either accepting the recommendations or modifying the same suitably, if necessary.
9. One of the major difficulties highlighted by the Chandigarh Administration relates to the utilization of vehicles of Chandigarh Transport Undertaking. It was pointed out that to make the undertaking commercially and financially viable, operation of inter-state routes is a necessity. It is submitted that a number of vehicles plying inside the territory are sufficient to meet the local demands. In any event, it is submitted that the need for catering to the ne
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