No trade allowed on footpaths, roadside in Srinagar: DB to SMC

14/02/2018

Srinagar, Feb 13: While hearing Public Interest Litigation, Division Bench of State High Court Comprising Justice Mohammad Yaqoob Mir and Justice Sanjeev Kumar, took serious note of the situation as prevalent and highlighted by the Amicus, impresed upon SMC authorities in particular the Commissioner, SMC to ensure that its anti encroachment squad discharges its duties with dedication and commitment so that the menace of extending shops on the pavement by the shopkeepers is totally stopped and a strict action is taken and if on the next date of hearing Amicus again brings it to the notice of the Court that same thing is happening then Chief Enforcement Officer, SMC shall have to remain personally present and explain as to how it is happening.
Division Bench further observed that counsel appearing for SMC submits that a comprehensive proposal has been prepared so as to establish vending zones for accommodating street vendors, he will file a report as to within which time same will be translated into action but in the meanwhile the Municipality will ensure that no vendor displays any article for sale on the roadside so that the roads are kept open. It shall be open for the Municipality to file objections before the Municipal Magistrate, Srinagar so that the concern is taken note of by the concerned Magistrate while considering any such application for release thereof.
Division Bench further observed that Commissioner, Srinagar Municipal Corporation was under command to continue with the Anti Encroachment Drive and to ensure that the trade is not allowed on the footpaths and on roadside anywhere in the city of Srinagar. All the concerned authorities including SDA which owns the Pantha Chowk Bus Stand area were under direction to extend all possible help to the SMC in removing the encroachments in and around the said Bus Stand. Director, Land Management, SDA had extended assurance that all possible assistance would be provided to SMC or any other agency entrusted with the job of removing the encroachment in and around Pantha Chowk areas. DB observed that in terms of Order dated 29th November 2017, it was taken note of that 39 areas/spots were identified and list whereof has been communicated to the Commissioner, SMC for placement of signages as per the pattern envisaged in the Motor Vehicles Act. counsel for SMC would submit that Commis-sioner, Srinagar Municipal Corporation is in the process of implementing the same and they are doing it with promptitude and it will be completed and a detailed report will be filed during the course of week with copy in advance to counsel for the parties and in compliance to the direction No. 4 issued vide Order dated 29th November 2017, AAG states that a detailed status report has been prepared, the colour coding has been suggested, once it is introduced and operated, it shall be easy to identify the vehicle which are plying in violation to the permission and action of seizure and fine will follow. It is further added by the AAG that the Assistant Regional Transport officer, Srinagar has asked the concerned President of Sumo, Taxi Operators to furnish a list of registered vehicles, once that is received, direction No. 4 will be implemented in its letter and spirit. Assistant Regional Transport officer shall impress upon concerned President to furnish the list of the registered Sumo, Taxi Cabs, in default he must take swift action which may include seizure of the vehicle. In case within two weeks list is not provided, then he must take action and report compliance.
Division Bench further observed that in compliance to the directions issued on 29th November 2017, Srinagar Municipal Corporation has submitted a latest status on 3rd January 2018 wherein it is stated that Delhi based Intelligent Traffic management has been engaged and after completing the survey and after having provided the requisite NOCs from the line departments has started installation work physically at Sanat Nagar and at Tengpora Junctions. A Committee of experts has been constituted headed by Mr. Anuj Malhotra, Traffic Advisor to Government for monitoring installation of intelligent Traffic Signal Lights System in Srinagar City. Counsel appearing for SMC would submit that the work is in progress and about its completion latest status report will be filed on the next date.
Mr. Anuj Malhotra, Traffic Advisor to Government who is also present in the court made it clear that work is in progress however due to inclement weather it may take some time, that apart time limit as prescribed is being strictly followed whatever shall be further course of action that will be mentioned in the status report to be filed by the SMC on the next date.
Division Bench further observed that in response to of the order dated 29th November 2017, Srinagar Municipal Corporation has stated in its status report which is filed on 3rd January 2018 that in Karan Nagar at two places and in Lal Chowk at four places road parking stretches are in place as per the details given in the report. It is also made clear that out of 47 spots as were cleared by the Traffic Advisor, SSP Traffic has approved running of 33 spots regarding remaining 14 spots Divisional Commissioner, Kashmir has already issued an instruction asking the concerned authorities that once the Traffic Advisor has cleared 47 spots why 14 spots areleft out. Confronted with the same counsel appearing for SMC would submit that he will have instructions and will submit the report.
Division Bench further said that AAG would submit that the latest status report has been filed whatever action is required that is being vigorously done, land is being acquired which in fact is time consuming process but however they will file status on the next date so as to indicate as to what progress so far has been made and what further steps are required to be taken so as to remove all congestions from the Batamaloo-Qamarwari Stretch.
Division Bench further observed that in compliance to paragraph 12 of the order dated 29-11-2017, compliance report has been filed on behalf of Labour and Employment Department along with the copy of SRO 472 notified on 16th November 2017.
The detail of close days for all kinds of shops and establishment in the areas specified therein within the limits of the District Srinagar have been notified and according to counsel is being implemented but however Amicus would submit that some traders had filed a representation. Be that as it may, representations are open to be considered by the Labor and Employment Department but until this SRO is modified or otherwise it shall be implemented strictly and compliance report about its implementation shall be filed on the next date by the Labour and Employment Depar-tment.
Division Bench further observed that in response to direction contained in Para 12 of the order dated 29th November 2017 Pollution Control Board has filed the compliance report stating therein that the exceeding limits observed in all silence zones monitored by the Board, necessary advisories have been issued to the concerned officers.
The matter has also been taken up with the Divisional Commis-sioner, Kashmir for taking remedial measures like prohibition on use of sound amplifiers, loud speakers, honking of horns in these zones, copy whereof has been endorsed to all the concerned, what is follow up action is not known, Upon this Division Bench directed Divisional Com-missioner, Kashmir to file his response as to what action has been taken on the basis of the report submitted to him by the Pollution Control Board.
Division Bench further observed that Amicus has brought to the notice of the court that the stretch of road from old Batmaloo Bus Stand up to Sadder Court Mominabad is at some spots encroached upon by the workshop owners i.e while transacting their business they are extending operation as a result whereof they create traffic congestion, he has suggested that the respondents may be directed to evolve a plan for chain fencing the road.
After consdering the arguments of Amicus, Division Bench directed respondents to file their response but in the meanwhile they shall ensure that these workshop owners will not in any manner expand their area of operation on the road so as to cause any type of traffic congestion on the said stretch.
One more concern has been voiced by the Mr. AteebKanth, Advocate who assists the Amicus that in the Srinagar City Mini Bus plying are overloaded and some people are travelling while hanging on its back stairs but it is not controlled which in fact endangers human life, Division Bench further observed that the concern voiced is serious and directed SSP Traffic to depute the Traffic Special Squads on every road and to ensure that no Mini Bus is allowed to ply with overloading or any person hanging on the back stairs of these Mini Bus if found stringent action be taken on the spot and to submit a detailed report on the next date as to what follow up action they have taken and how many violations have been noticed and action taken.JNF

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