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1996 Supreme(Pat) 419

HIGH COURT OF PATNA
B.P. Singh and N.K. Sinha, JJ.
Arun Kumar Mukherjee & ors. - Petitioners
vs.
State of Bihar & ors. – Respondents
C.W.J.C. No. 2290 of 1990
Decided On : 12.7.1996

The court emphasized the importance of enforcing the law and implementing the Master Plan to ensure the proper development and functioning of the city. It also highlighted the responsibility of police officers to prevent encroachments and unauthorized structures and to enforce traffic rules.

Headnote:

PUBLIC INTEREST LITIGATION - ENCROACHMENTS - UNAUTHORIZED STRUCTURES - TRAFFIC MANAGEMENT - REMOVAL OF OBSTRUCTIONS - IMPLEMENTATION OF MASTER PLAN - ROAD WIDENING - ENFORCEMENT OF MOTOR VEHICLES RULES - REMOVAL OF ELECTRICITY POLES AND TELEPHONE EQUIPMENTS - DEMARCATION OF TRAFFIC LANES - DESIGNATION OF BUS AND TEMPO STANDS - CONTEMPT OF COURT PROCEEDINGS AGAINST POLICE OFFICERS.

Fact of the Case:

The case involved a Public Interest Litigation (PIL) filed to address various issues related to encroachments, unauthorized structures, traffic management, and implementation of the Master Plan in the city of Patna, Bihar. The court had issued several directions in previous orders to remove encroachments, widen roads, enforce traffic rules, and take action against illegal structures.

Finding of the Court:

The court noted that despite its earlier orders, there was still a lack of progress in removing encroachments, widening roads, and enforcing traffic rules. The court found that unauthorized structures continued to exist, traffic lanes were not clearly demarcated, and public vehicles were stopping at unauthorized locations, causing traffic congestion.

Issues: 1. Removal of encroachments and unauthorized structures. 2. Widening of roads and implementation of the Master Plan. 3. Enforcement of traffic rules and regulations. 4. Removal of electricity poles and telephone equipments. 5. Demarcation of traffic lanes. 6. Designation of bus and tempo stands. 7. Contempt of court proceedings against police officers.

Ratio Decidendi: The court reiterated its earlier directions and issued further orders to ensure compliance. It directed the District Magistrate and the Patna Regional Development Authority (PRDA) to take immediate steps to remove encroachments and unauthorized structures, including those near the Judges' entrance of the court. The court also directed the authorities to widen the R.K. Bhattacharjee Road to 50 feet, as per the current proposal, and to consider widening it further to 90 feet in the future, as provided in the Draft Master Plan. The court emphasized the importance of enforcing traffic rules, including the prevention of overloading of vehicles, and directed the District Transport Officer and the Superintendent of Police, Traffic, to work together to ensure compliance. The court also directed the Bihar State Electricity Board and the General Manager, Patna Telephones, to remove electricity poles and telephone equipments from roads and public spaces. Additionally, the court directed the traffic police to demarcate traffic lanes clearly and to designate specific bus and tempo stands to prevent unauthorized stopping of public vehicles.

Final Decision: The court directed the District Magistrate, PRDA, District Transport Officer, Superintendent of Police, Traffic, Bihar State Electricity Board, and General Manager, Patna Telephones, to comply with its orders and submit progress reports. The court also summoned the officer-in-charge of four police stations to appear before the court on charges of contempt of court for failing to prevent the re-encroachment of public land and roads.

Order

It is stated by counsel appearing for the Electricity Board that electric poles are removed by it on the direction of the District Magistrate. The Advocate General is directed to inform the District Magistrate, Patna, to intimate to the Chief Engineer, Bihar State Electricity Board and the General Manager, Patna Telephones, to immediately remove the telephone equipments, electric poles etc. if located on any part of the roads which are being broadened. The District Magistrate shall communicate her instructions to these authorities in writing within one week. The District Magistrate will see to it that where-ever the road has been broadened, or is being broadened, the existence of such equipments, pole or poles etc. do not hamper the free flow of traffic. With this in view, whereever such obstructions exist, the telephone and the electricity authorities should be directed to remove them forthwith, and not later than two weeks from the date as which the order of the District Magistrate is received by them. We further direct the General Manager, Patna Telephones, and the Chief Engineer, Patna Electric Supply Undertaking to file the affidavit which they were directed to file by order dated 9.2.96. Such affidavit should be filed within a fortnight from today.

2. Despite very clear orders of this court, neither the police authorities nor the District Transport Authorities have been able to deal effectively with the problem of over loading by autorickshaws and sharing of the driver's seat by other passengers. We are sorry to notice that after the initial excitement, the officers have again developed an apathy and an indifferent attitude towards the orders of this court. The manner in which the authorities have acted, may justify action against them under the Contempt of Courts Act for disregarding the orders of this Court. Before taking any such action we give them one further opportunity to take necessary action as required under the orders of this court. The District Transport Officer is present and he pleads that on account of non-availability of sufficient number of staff he is not able to enforce the law and to book the law breakers. He submits that the enforcing agency under the Department of Transport should also cooperate in the matter. We direct that the District Transport Officer with the help of the enforcement agency of the Transport Department will launch a vigorous drive for a week beginning 15.7.96 to see to it that not a single autorickshaw carries more passengers than what it is authorised to carry. All Police Constables on duty, whereever they are, will see to it that no auto rickshaw carries more than the number of passengers permitted by law. If any autorickshaw driver is found sharing his seat with any other passenger, the autorickshaw shall be seized immediately and' a prosecution be launched against the offender. The Superintendent of Police, Traffic, is present in court and he is directed to instruct all Constables on duty whereever they are to enforce this order rigorously. If we find that within a week the situation is not brought under control we shall direct the District Magistrate to set up mobile courts all over the city, and persons found disregarding the orders of this Court and the law shall be immediately prosecuted and in addition the District Transport authority may initiate proceeding to cancel the registration of the vehicles forthwith. We hope we do not have to resort to this extreme measure, but that can be avoided only if between 15th and 21st July 1996 the police authorities and the District Transport Authorities are able to bring the situation under control. No request by the autorickshaw unions for hike in fares on the ground that they are not allowed to carry passengers more than the number permissible under the law, shall be entertained because on this ground alone the passengers have been penalised in the past by enhancement of fares, though the autorickshaw drivers never thereafter



















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