Jharkhand High Court Directs Hazaribagh Authorities To Operationalise Traffic Signals At 20 Intersections

In a significant judgment addressing long-standing traffic chaos in Hazaribagh, the Jharkhand High Court has directed the Municipal Corporation and State authorities to operationalise an Automated Traffic Light Management System at 20 major intersections within four months. The Division Bench of Chief Justice M.S. Sonak and Justice Rajesh Shankar disposed of a Public Interest Litigation filed in 2021 by Achyut Swaroop Mishra, highlighting the perilous traffic conditions in the city.

From Denial to Action: The Court's Persistent Oversight

The petition, pending since 2021, detailed the absence of functional traffic lights, CCTV cameras, and basic parking facilities, along with rampant encroachments on footpaths. The petitioner cited fatal collisions at Barkagaon More and Kargil Chowk, underscoring the human cost of administrative inaction. Initial responses from the authorities were marked by denial and a blame game, with the police and municipal corporation trading responsibility for the crisis.

In July 2024, the Court appointed Advocate Commissioner Mr. Prashant Pallav to inspect the city. His comprehensive report confirmed the chaotic state of traffic, noting the absence of traffic personnel at key junctions, non-functional CCTVs, and widespread haphazard parking. The report also highlighted a severe shortage of police personnel, with only 35 officers deployed initially.

A Turning Point: Judicial Directives and Tangible Steps

Faced with the Commissioner's findings, the authorities shifted from denial to action. The police force was increased from 35 to 212 personnel, and fines exceeding ₹10 crore were collected for traffic violations. The Municipal Corporation abandoned its initial inflated proposal of ₹38.64 crore for a traffic monitoring system and instead entered into a contract with M/s. Keyhole Design Private Limited for an Automated Traffic Light Management System valued at approximately ₹2.68 crore.

The Court acknowledged these improvements but stressed that "much more needs to be done to secure implementation and monitoring." It noted that paper assurances must translate into sustained action, warning that personal responsibility would be fixed on senior officials for non-compliance.

Constitutional Duties Cannot Be Shirked

The Bench anchored its directions in constitutional principles, holding that "the right to a clean, dignified and reasonably safe urban life is an integral facet of the right to life guaranteed under Article 21 ." It further observed that Article 19(1)(d) protects the freedom of movement of every citizen, whether as a pedestrian, motorist, or commuter.

Drawing on precedents, the Court rejected the plea of financial stringency, citing Municipal Council, Ratlam v. Vardhichand where the Supreme Court held that lack of funds cannot excuse the discharge of public duties relating to civil safety. It also relied on Ahmedabad Municipal Corporation v. Nawab Khan Gulab Khan and M.C. Mehta v. Union of India to underscore that footpaths are essential infrastructure that cannot be encroached upon.

A Blueprint for Change: Detailed Directions

The Court issued a comprehensive set of 17 directions aimed at overhauling traffic management in Hazaribagh. Key among them are:

  • Operational Trial of Traffic Signals : The Municipal Commissioner must ensure the Automated Traffic Light Management System is operational at 20 identified intersections within four months. These include District Court Chowk, Korrah Chowk, Matwari Chowk, Barkagaon More, and Panch Mandir Chowk.

  • Monitoring and Maintenance Team : A three-member team comprising a Corporation engineer, a traffic police inspector, and a contractor representative will maintain a daily downtime log, with malfunctioning signals to be restored within 48 hours.

  • CCTV Inventory : The Deputy Commissioner and Superintendent of Police must file a joint inventory of all CCTV cameras installed since 2017, with non-functional units to be repaired or replaced within four months.

  • Peak-Hour Deployment : The police must file deployment charts for the 20 intersections, naming the officer accountable for each junction during peak hours (8-11 am and 4-8 pm).

  • Vending Zones and Encroachments : The authorities must complete a survey of vending and non-vending zones under the Street Vendors Act, 2014, and remove encroachments from footpaths, zebra crossings, and carriageways.

  • Noise Pollution : Silence zones of at least 100 metres must be notified around courts, hospitals, and educational institutions, with enforcement against pressure horns and unauthorised amplification.

Key Observations from the Judgment

"The right to a clean, dignified and reasonably safe urban life is an integral facet of the right to life guaranteed under Article 21 of the Constitution."

"The respondents cannot avoid or abdicate their duties by citing financial stringency , administrative inconvenience and lack of coordination among several governmental authorities."

"Merely giving paper assurances is not sufficient. Such assurances have to translate into action, and that action must be sustained."

"The objective should be to allow street vending to harmoniously coexist with motorable carriageways and walkable footpaths."

Path Forward: Compliance and Accountability

The Court directed the Deputy Commissioner, Superintendent of Police, and Municipal Commissioner to each file personal compliance affidavits within four months, covering all directions. These affidavits must be sworn by the officials themselves, not by subordinate officers, and copies served on the petitioner.

The petition was disposed of without costs, but the Court made it clear that the directions are in addition to existing statutory obligations. The authorities have been warned that any breach of the law relating to traffic safety will be met with departmental action.

This judgment serves as a template for how courts can use public interest litigation to transform urban governance, ensuring that the right to life is not merely a constitutional promise but a lived reality for citizens navigating city streets.