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Gujarat High Court
Judgename :P.B.MAJMUDAR, H.MEHTA
SUO MOTU - Appellant
Versus
STATE OF GUJARAT - Respondent
Special Civil Application 13308 Of 2004
Decided On : 04/24/2006
Suo-Motu proceedings - Vehicular hazard - Accidents - Public safety - Measures to ensure - Directions - Issuance of.
Head Note :
Suo-Motu proceedings - Vehicular hazard - Accidents - Public safety - Measures to ensure - Directions - Issuance of - Since the provisions of the MV Act as well as Rules framed thereunder were not being complied with strictly by police as also by transport authorities and the Government - Court initiated these proceedings for public good - In order to see that the provisions of the Act and the Rules are implemented strictly by the concerned authorities so as to minimize the road accidents and ensure public safety - Court issued direction enlisted in the judgment - Same are given in addition to the directions given by Court earlier by its order dated 22.02.1994 and 09.05.2005 - Apart from said direction Court made so suggestions and recommendations for the consideration of appropriate authority in this regard - Constitution of India, 1950 - Chapter III - Article 21 - Motor Vehicles Act - Sections 2, 65, 112, 115, 116, 118, 119, 129, 135, 137, 138, 177, 179, 183, 184, 192, 195 and 201.
Held :
Since we found that the provisions of the Act as well as Rules framed thereunder were not being complied with strictly by the police as well as transport authorities and the Government, we have decided to initiate these proceedings and now we issue the following directions with a view to see that these provisions of the Act and the Rules are implemented strictly by the concerned authorities so as to minimize the road accidents and ensure public safety. In aforesaid background, we now propose to give following directions in addition to the directions given by this Court vide order dated 22.02.1999 and 09.05.2005.
(1) The members of the police force, the transport authorities and the Government are directed to strictly implement the provisions of the MV Act and the Rules with a view to see that the number of road accidents is minimized.
(2) The State Government is directed to issue necessary notifications determining the speed limit for the highways forming part of the road network of the State on or before 30.06.2006 and to display at regular interval on the highways the speed limit.
(3) To monitor the traffic and see that the prescribed speed limit is not exceeded by the users of the high-ways and for this purpose the authorities shall maintain the latest equipments such as radars, interceptor van, etc.
(4) On the express-way, at the toll collection booths traffic police be posted in aid of the guards employed by National Highway.
(5) The Government and the Police Department shall take expeditious steps to fill up the existing vacancies in the police department vis-à-vis the Traffic Branch and till such vacancies are filled up, the police shall utilize the service of the force like home-guards to assist them in regulating the traffic.
(6) Wherever there is plantation on the road dividers at the spot where there is a gap between two dividers to enable the traffic to cross over the road, at such point the plantation to be removed upto a distance of 10 to 15 mtrs. on both the sides of the dividers to make the view clear.
(7) The cross road on the Highways should be at the right angle of each other.
(8) The Principal District Judges of the State to monitor implementation by the authorities of the provisions of the MV Act and in particular implementation of provisions of Section 129 of the MV Act, namely wearing of helmets by riders of two wheelers. For this purpose the Principal District Judges will be at liberty to constitute appropriate committee. They shall furnish periodical reports at the end of every four months to this Court and the Registry is directed to place the reports on the record of this petition, for one year from the date of this judgment.
(9) The State Government and the Police Department are also directed to submit their report to this Court regarding the compliance of the aforesaid directions on or before 31.07.2006. The Registry is directed to place these reports on the record of this petition. As and when the same are filed, the Registry is further directed to place these reports for our perusal.
(10) The Government shall frame rules regarding carrying the school children in auto rickshaws, maruti vans and also create a separate category for these vehicles for the purpose of registration in the RTO.
(11) The RTO to grant permission only after verification of the credentials of the drivers as well as the owners vis-à-vis his driving history. The Department of the Education to monitor the record maintained by all schools in pursuance of its Circular with regard to the vehicles carrying the students.
(12) The Government to implement recommendations and measures suggested by the Committee in its report dated 08.12.2005 as expeditiously as possible and in any case, not later than 31.07.2006.
(13) The Municipal Corporations of the State to give effect to the national policy on the street vendor as early as possible and in any case not later than 30.09.2006. The Director of the Municipalities to see to it that this direction of the Court is complied with by the Corporations and for that purpose necessary Notifications/Circulars be issued within reasonable time.
(14) The State Government and the Central Government are directed to install traffic signals on the S.G. Road as per the decision taken in this behalf by the State and Central Governments on or before 31.07.2006.
(15) The AUDA is directed to create rumble strips on 200 ft. Ring Road known as Sardar Patel Ring Road at cross road junctions and sign boards displaying speed breakers should be installed on conspicuous places as also yellow blink light to give indication about the cross roads and the rumble strips.
(16) The AUDA is directed to remove all the encroachments that may have been caused on the service roads on both sides of S G Highway forthwith.
(17) The concerned authority to issue notification on or before 31.05.2006 so as to divert the heavy vehicles coming from Gandhinagar on S G Highway at Vaishnodevi Circle to 200 ft. Sardar Patel Ring Road and vehicles approaching from Sarkhej side from the Sarkhej Circle to the said Ring Road so as to prevent plying of heavy vehicles between Sarkhej and Vaishnodevi Circle except for making entry in the city from the approach road between the Ring Road and the S G Highway.
(18) The State as well as the Police to give wide publicity to the medical aid post and places situated in the vicinity of that area for obtaining medical help and to give details of their telephone numbers.
(19) To establish police force on Express Way with modern equipments to monitor the traffic and compliance of prescribed speed limit. [Para 6]
Apart form the above directions, there are certain aspects where this Court would not like to issue any direction but only make suggestions or recommendations for the consideration of the appropriate authority and if found proper and feasible, to take appropriate action on it:
1. Raising the height of the barricade on both the sides of the Express Way so as to prevent the residents of villages situated on either side of the road from crossing the road.
2. To consider the demand of School Rickshaws and Maruti Vans Owners Association to increase the number of school children at-least by two.
3. To give tax benefit to the owners of such vehicles.
4. To grant loan on easy instalment and easy rate of interest to owners of school rickshaws and school vans for converting the vehicles in CNG.
5. To increase amount of fine for violation of provisions of Section 129 of the MV Act.
6. To purchase more modern equipments for regulating and monitoring traffic on the Highways and the Express Way.
7. The guards employed on the Express Way to be provided with means of communication with police to notify any breach of the traffic rules on Express Way by the vehicle owners.
[Para 6-A]
Law Laid Down :
Public safety is one of the important aspect of the fundamental right as provided in the Constitution.
Conclusion :
Considering the fact the provisions of MV Act and Rules were not complied with by police, transport authorities and Government - Court issued necessary directions to strictly implement them so as to ensure public safety.
Cases Referred :
Free Legal Aid Cell [NGO] vs. Government of Maharashtra, AIR 2005 Bom. 271;; M.C. Mehta vs. Union of India, 1997 (8) SCC 770;; Ahmedabad Municipal Corporation vs. Vijay Owners Association, 2000 (3) GLH 510;; Suo Moto vs. Secretary Home Department, in Special Civil Application No. 9988 of 1995, dated 22/02/1999.
Decided in Favour of :
Petitioners
Proceeding Terminated Accordingly
( 1 ) THE advent of sophisticated automobile technology, introduction of easy loan facility, the availability of wide range of motor vehicles and the increase in urban population, have all contributed in taking the number of vehicular accidents and the resultant fatality and the injuries to an alarming proportion during recent times. At one point of time, though the motor cars were available at a lesser price than the prevailing, their users were less since during those days motor cars were not easily available, the range of motor cars was also very limited and there was hardly any loan facility available to the people. However, the time has now changed. The judicial notice also can be taken of the fact that the finance to purchase motor vehicles has become easily available, and there is growing tendency in the public at large to avail such facility, even at the cost of substantial cut in the monthly expenditure, which have brought tremendous increase in motor vehicles of different makes and kinds in the urban areas. The cities like Ahmedabad, surat, Vadodara and Rajkot in Gujarat seem flooded with motor vehicles of all categories. It is also a matter of grave concern that unlike the days not very far in the past, the students have taken fancy for motor vehicles and especially the two wheelers and it is also noticed that even the parents nurture such craze by buying vehicle for the children even when they have not become eligible to hold licence under the Motor Vehicles Act [hereinafter referred to as the MV Act ] and the Motor Vehicles Rules [hereinafter referred to as the Rules ] framed thereunder. The temptation on the part of the users of such sophisticated vehicles to drive their vehicles at the speed much in excess to the desired or reasonable speed on the public roads has become a major problem not only for the law enforcing agency but even for the citizens. The public safety today is in the doldrums. Almost every day more than one fatal accident in one part or the other of the State have been occurring either on the Highways or in any of the major cities or in rural area. There are different types of vehicular accidents in which the citizens lose their lives or sustain serious injuries. The accidents resulting due to collision between two vehicles, vehicle turning turtle on account of excessive speed are common so far four wheelers are concerned. Whereas fatal accidents of two wheelers are concerned, they are very common because of slipping of the vehicles. So far accident resulting due to collision between two vehicles is concerned, death is caused due to serious injuries suffered by the inmates of the vehicles on account of the impact; whereas the riders of two wheelers sustain serious head injuries on account of their heads banging against the road with force causing brain hemorrhage. Apart from this, pedestrians also get killed because of vehicles running over them. The nature of accidents has remained the same over the years, but now the number of accidents has gone up phenomenally on account of the factors stated above. It also appears that for various reasons the number of vehicular accidents is not being brought under control. It may be stated here that the legislature has taken care of the hazards posed by the motor vehicles and to impose adequate control over it, it has enacted the M V Act. In the said act various measures have been prescribed whereby the legislature has tried to regulate the vehicular traffic, to avoid or to minimize vehicular accidents, to safeguard the environment and to ensure public safety. Inspite of that the number of vehicular accidents has reached to such proportion that as if these provisions do not exist at all.
( 2 ) WAY back in the year 1995 this court had felt the urgent need to curb the danger posed to the public safety and had taken serious note of the total failure of the government and the traffic police to control and minimize the number of road accident
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