SUO MOTU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By an order dated 8th October 2004 passed by this Court, cognizance was taken by this Court of growing number of vehicular accidents taking place in the city of Ahmedabad and other parts of the State. By the said order, suo-motu action has been initiated by this Court to see that vehicular traffic is regulated properly so as to see that accidents are averted and citizens do not lose their lives due to accidents.

(2.) It appears that in the past, a committee had been appointed to make suggestions which can be used for controlling occurrence of accidents. A report of the said committee has also been placed on the record of this case.

(3.) Upon perusal of the report and upon hearing the learned advocates appearing in the matter, it appears that looking to the circumstances prevailing at present, certain interim directions are required to be given to the respondent government authorities so that some prompt actions can be taken for regulating vehicular traffic so as to see that occurrence of accidents is reduced. 3.1 It has been reported that several encroachments are made on public streets / roads. Because of substantial increase in population and number of vehicles, the vehicular traffic has increased enormously in the last few years whereas width of most of the roads has not been increased because of several limitations like constructions put up on both sides of the roads. In the circumstances, the encroachments further hinder vehicular traffic. 3.2 In our opinion, roads should be made available for effective use by removal of all encroachments on all public streets and roads. It has been submitted by the learned advocates that the concerned authorities are not prompt and vigilant in the matter of removal of all encroachments, and, therefore, effective width of the roads has been substantially decreased, which results into accidents and inconvenience to vehicular traffic. Because of the said inconvenience, the average speed of vehicles is also substantially reduced which also results into pollution as the vehicles are driven in lower gears, which not only consumes more fuel but also results into more emission of harmful gases. 3.3 We also feel that so as to see that the roads are effectively used, sides of the roads should be cleaned in such a manner that there is no dust or dirt thereon so that the entire road can be effectively used for vehicles. 3.4 As far as possible, where the roads are not having sufficient width, road dividers should not be unduly broad. Ofcourse, it is for the authorities to decide what should be the width of the road dividers, but we are sure that the authorities shall see that the width of the road dividers is as less as possible so that more area of the road can be effectively used for vehicular traffic. 3.5 It has been found that vehicles are often not parked properly and that hinders the vehicular traffic. It should be seen by the authorities that people are educated properly so that vehicles are parked away from the centre of the road, i.e. they should be parked near the border of the road or very close to the foot path where there is foot path, or much away from the road, if it is a highway or where parking place is available. 3.6 Moreover, very often encroachments are made and parking is allowed near corners of public streets, and that causes much hinderance to the vehicular traffic because at all junctions more space is required for vehicular traffic and if encroachments are made near road junctions or vehicles are permitted to be parked near the junctions, further hinderance would be caused to the vehicular traffic. 3.7 It has also been reported that very often vehicles are parked on highways after sun-set without parking lights. Even bullock carts, camel carts and other such vehicles which are not 'motor vehicles' are plied without any reflectors. In the absence of reflectors and more particularly when such vehicles are parked on or near the highway, accidents take place because other drivers at times cannot see such vehicles at night from distance. 3.8 It has also been reported that whenever multi storied buildings or commercial complexes are constructed, the builders or occupants of such buildings approach the authorities with a request that the provisions with regard to keeping parking place for vehicles in their buildings or complexes be dispensed with, and at times such permissions are granted by the Municipal Corporations and other local authorities, including Urban Development Authorities. When such leniency is shown to the builders, it results into traffic congestion because those who are either residing in such buildings or visiting such buildings park their vehicles on public streets near such premises. This results into much congestion and traffic problems. Looking to the said facts, the public bodies which are responsible for giving sanction to building plans should not dispense with the provisions with regard to providing parking place in the residential buildings or commercial complexes. 3.9 It has also been found in the course of discussion that several accidents, where two wheelers are involved, result into death of drivers / pillion riders because of non-use of protective head gears [helmets] though there is a provision with regard to wearing of protective head gears [helmets] in section 129 of the Motor Vehicles Act, 1988 [hereinafter referred to as the Act]. In our opinion, it is the duty of the authorities to see that the provisions of sec. 129 of the said Act are duly enforced not only on Highways but also when riders are plying two wheelers in the city limits. 3.10 In the course of hearing of this petition, at an earlier occasion, Deputy Commissioner of Police [Traffic], Ahmedabad City Police, had remained present before this Court and had stated that with the available number of police personnel for controlling and regulating the traffic, the police force was doing the best it can. From the details about number of police personnel given to this Court, we feel that looking to the increased traffic, number of policemen deployed in the traffic branch of the city of Ahmedabad is very less. We feel that adequate number of policemen should be appointed in traffic branch in all cities so that traffic can be controlled/regulated in a more effective manner.