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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Vivek Rusia, Rajendra Kumar (Verma), JJ.
Cycle Yaatri Samooh A Group of Pedestrians & Ors. – Appellants
Versus
Union of India & Ors. – Respondents
Writ Petition No.27464 of 2018
Decided On : 12-01-2022
Public Interest Litigation - Non-motorized transport - National Urban Transport Policy, 2014 - AMRUT Scheme - [National Urban Transport Policy, 2014] - [AMRUT Scheme] - The court considered the petitioners' claim for a dedicated track for cyclists in the city of Indore under the National Urban Transport Policy, 2014 and the AMRUT Scheme. It noted that while the policy recommends the provision of non-motorized transport facilities, it does not have statutory force. The court found that the Indore Development Authority and Municipal Corporation had provided dedicated tracks for cyclists, and footpaths had been constructed, but were being encroached upon by the public. The court concluded that no further direction was required as the authorities were controlling traffic and providing basic amenities.
Fact of the Case:
The petitioners, a group of cyclists, pedestrians, social workers, and citizens of Indore, filed a Public Interest Litigation seeking the provision of dedicated tracks for cyclists, pedestrians, and physically challenged persons in the city of Indore. They alleged that the authorities were not working in a planned manner to provide proper facilities and had not taken action despite representations and memos.
Finding of the Court:
The court found that the National Urban Transport Policy, 2014 recommended the provision of non-motorized transport facilities but did not have statutory force. It noted that the Indore Development Authority and Municipal Corporation had provided dedicated tracks for cyclists, and footpaths had been constructed, but were being encroached upon by the public. The court concluded that no further direction was required as the authorities were controlling traffic and providing basic amenities.
Issues: The main issues were whether the authorities were obligated to provide dedicated tracks for cyclists, pedestrians, and physically challenged persons in the city of Indore, and whether the petitioners' claims were justified.
Ratio Decidendi: The court held that while the National Urban Transport Policy, 2014 recommended the provision of non-motorized transport facilities, it did not have statutory force. It found that the authorities had provided dedicated tracks for cyclists and footpaths but noted that the public was encroaching upon these facilities. The court concluded that no further direction was required as the authorities were controlling traffic and providing basic amenities.
Final Decision: The court disposed of the writ petition, stating that no further direction was needed as it was satisfied with the authorities' reply and their efforts to control traffic and provide basic amenities.
ORDER
1. The petitioners have the present petition writ petition in the nature of Public Interest Litigation seeking as many as 21 reliefs. Petitioner No. 1 is claiming itself to be a pro bono public group of cyclists and pedestrians, social workers and citizens of the city of Indore, petitioner No.2 is claiming itself to be an association of social workers working to impart education to the underprivileged children of the society, petitioner No.3 claiming herself to be a cyclist, social worker and petitioner No.4 is claiming himself to be an artist, cyclist and social worker.
2. Petitioner No. 1 is claiming itself to be a group of cyclists and pedestrians but the same is an unregistered association. Petitioner No. 1 has not disclosed the names and strengths of its members and any authorization given to Smt. Nirmala Devre for filing this writ petition. Petitioner No.2 is claiming itself to be an NGO but no such registration and antecedents have been filed in this writ petition.
3. The grievance of the petitioners before this Court by way of this PIL is that the respondents are bound to provide a dedicated way to the pedestrians, cyclists and also the physically challenged persons by way of developing, designing and widening the roads in the city of Indore. It is alleged that respondents No. 2 and 6 are not working in a planned manner to provide a proper footpath for pedestrians, a dedicated track for cyclists and a properly designated path to physically challenged persons. Various representations and memos have been submitted to the respondents but no action has been taken, hence, the petitioners are before this Court seeking direction or writ as mentioned in para - 11 of the writ petition.
4. The petitioners have placed reliance on the National Urban Transport Policy, 2014 issued by the Ministry of Urban Development, New Delhi which mandates providing of non-motorized transport like walk, cycling, cycle rickshaw and NMT in each city of the State . The said Policy supports the construction of safe pedestrians crossings at busy intersections and highway density traffic corridors, formulation and implementation of specific areas plan in a congested urban area upgrade cycle rickshaw.
5. According to the petitioners, Indore Municipal Corporation as well as Indore Development Authority under Atal Mission for Rejuvenation and Urban Transformation (AMRUT) are bound to provide safe and dedicated track to cyclists in the city of Indore under the scheme of urban transportation. The petitioners have filed news clippings published in the daily newspaper to demonstrate that the cyclists meeting with the accident for want of dedicated track. The petitioners have filed photographs of the footpaths which are not being properly maintained or encroached by the local vendors by parking car, scooter, covering the area by signboard etc.
6. The Indore Development Authority has filed a return by submitting that the answering respondent has constructed a 42 km long cycle track at various places in Indore. The details of the cycle track have been notified to respondent No.9 on 31.07.2019 (Annexure-R/8).
7. Learned counsel appearing for the Indore Municipal Corporation submits that the Corporation has constructed the footpath by using paver blocks on both sides of the road. After the construction of BRTS at various places, no area is left to provide dedicated tracks for cyclists. In the major part of the city, roads have been widened from single lanes to two lanes / four lanes / six lanes after dismantling the various constructions and acquisition of the land. No further area is available to provide a separate track. It is further submitted by the learned counsel that in some places the track has been provided by the Municipal Corporation as well as by the Indore Development Authority but the same is hardly being used by the cyclist. It is further submitted the footpaths are being encroached by the public at large, therefore, the public itself is coming again
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