The Gujarat High Court took Suo Moto cognizance of the traffic problems being faced by the denizens of the Ahmedabad city because of poor or inadequate road infrastructure and mis-management of traffic.
The Division Bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi heard a Public Interest Litigation (PIL) filed raising the issue of the Ahmedabad Municipal Corporation (AMC) to construct an over-bridge on Panjarapol junction over the Dr. Vikram Sarabhai Marg (IIM road). The dispute has also been raised to the award of the contract for construction of the Panjarapol over-bridge to the respondent No.3 (one construction Company) with the assertion that they have a poor track record.
After presentation of the present PIL, the matter was adjourned, as other issues related to the mismanagement of the traffic in Ahmedabad city and Ahmedabad rural area were to be raised, which might have an impact over the decision of the AMC to construct the fly-over. With the amendment application, the problems faced on Sarkhej Gandhinagar Highway (S.G.Highway); overview of traffic related problems faced on the S.G.Highway; lack of pedestrian infrastructure on S.G.Highway; location-wise problems identified on the S.G.Highway by the petitioners, accident prone hot-spots on the S.G.Road and the issues related to the dispute between the different authorities pertaining to the management of S.G.Highway are being raised, which include the issues pertaining to the infrastructure; rash driving by people on the wrong side, two wheeler riders not wearing the helmet, parking of vehicles on the S.G.Highway or its side road, particularly near the junctions and eateries, the traffic discipline on the S.G.Highway, have been highlighted. The petitioners have also highlighted the issues of problems faced by the pedestrians in crossing the portions of S.G.Highway.
The senior counsel for the petitioners , Mihir Thakore has highlighted the requirement of construction of foot over-bridge for the pedestrians for crossing the S.G.Highway and the service-road alongside the S.G.Highway so that frequent occurrences of road accident on the S.G.Highway may be curtailed.
Taking note of the above, the Court finds that the issues raised in the petition are of paramount public importance, inasmuch as, the highlights show mismanagement of traffic in the city of Ahmedabad and non-availability of the road infrastructure, such as service road, foot over-bridge etc.. The Petition also highlights the flaw in the decision making process of the AMC in the matter of construction of flyovers and side roads along the S.G.Highway .
The High Court find it fit in the interest of justice to take cognizance of the above referred issues in a suo motu public interest litigation in the name as :-
In Re :- (i) Management of Traffic in the city of Ahmedabad and filling-up of vacancies in the establishment of the traffic police;
(ii) Addressing the issues of poor and inadequate road infrastructure in the city, dangerous turns, improperly planned side roads, exit and entry into the S.G.Highway etc..
(iii) Feasibility of flyovers, requirement of service roads, footover bridge etc.;
“Thus, there is an indispensable need for creation of State-of-Art road infrastructure in the city (which is the city of Ahmedabad), a most important strategically located city in the State of Gujarat”, observed by the High Court.
The office is directed by the High Court to complete the necessary formalities for the registration of the Suo Motu Petition, which is to be connected with the instant Public Interest Litigation.
The Court proposed to appoint Pitamber Abhichandani, the advocate, as an Amicus Curiae to assist the Court. The Amicus is required to prepare a draft impleading all the necessary State Authorities such as Ahmedabad Municipal Corporation, Ahmedabad Urban Development Authority, The State of Gujarat through the Road and Building Department, The State Government through the Home Department, the Director General of Police, The State of Gujarat and the National Highways Authority of India. The Notice of the petition be, accordingly, served in the office of the Government Pleader, Public Prosecutor and the panel advocates appearing for the respondent authorities.
To start with all issues raised by the petitioners in the instant PIL, the Court directed the Chief Secretary, State of Gujarat to engage all the concerned officers of the State to take necessary steps for ensuring strict compliance of the traffic rules and regulations, specifically for mandatory compliance of the traffic rule to wear the Helmet by two wheeler riders and also by the pillion rider and further that all police force in the traffic police establishment shall be deployed at the strategic locations to ensure that rash driving and driving on the wrong sides, is curbed; wrong parking of the vehicles on the public roads be curbed. The identification of and marking of Accident-prone-areas shall be carried out to ensure deployment of the traffic police at such points and also to put up a note of caution (as a board) for attention of the riders highlighting Accident-prone-areas.
On the issues pertaining to the construction of flyover on the Panjarapol junction over the Dr. Vikram Sarabhai Marg (IIM road), it has been brought before the Court that two experts have been engaged by the Ahmedabad Municipal Corporation namely IITRAM (Institute Infrastructure Technology Research & Management and CSIR (Central Road Research Institute, at New Delhi), for Comprehensive study of the road infrastructure in the City of Ahmedabad. It was informed that a comprehensive report of 34 junctions of the city was submitted by the said experts jointly in the year 2010. Attention of the Court is invited by the AMC that two experts engaged by the AMC, namely IITRAM and CSIR, submitted their reports in the month of November, 2012 pertaining to the “Traffic studies for Junction Improvements in Major Road Corridors in Ahmedabad” to submit that the AMC had requested IITRAM to conduct a study to suggest improvements at the Panjarapol junction.
As per the report, the traffic volume is much lesser at this juncture and the proposal of flyover at the said junction is an exercise in utter disregard of the recommendations of the IITRAM and CSIR. The assertion is that there is no requirement for flyover at Panjarapol junction, as there is no significant traffic problem at the said junction.
A lot of deliberations are needed in the matter of planning of the roads by the AMC in view of the expert reports brought on record on the petition. The Court directed the Advocate for the AMC to place the records pertaining to the decision making process for construction of the flyover on the Panjarapol junction over the Dr. Vikram Sarabhai Marg (IIM road) while listing the matter on 22.08.2024.
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