STATE OF MADRAS Vs. MURRAY AND CO

JUDGEMENT

(1.) THESE appeals are filed by the Sate of Madras, under Cl. 15 Letters Patent, from the judgment of Srinivasan J. , directing the issue of a writ of mandamus to the Government to permit the plying of handcarts in that part of the Mount Road lying between the Round Tana and Gemini Roundabout, subject to such regulations as the Commission of Police might impose as to the weight and capacity of the handcarts and relative to their movement within certain hours of the day. The judgment was restricted in its operation to the passage over the road to the handcarts belonging to the respondents, to these appeals, and which were employed by them in connection with the business; but even in regard to them, it was declared that it will be open to the Commissioner, by providing passes or otherwise, to restrict the passage of these handcarts.

(2.) ON 20-3-1962, the Commissioner of Police Madras, issued a notification by virtue of the powers conferred on him under Motor Vehicles Act and the Madras traffic Rules, regulating traffic generally and imposing certain restrictions on vehicular traffic over the section of the Mount Road referred to earlier. The notification, inter alia, stated: "as per orders of the Government of Madras in 53162/tr. I/60 dated 281-1960, handcarts bullock carts, jutkas, hand and cycle rickshaws and bullock trucks are not permitted to ply on Mount Road from Round Tana to Gemini Roundabout between 7-30 hrs to 20-00 hrs. But they will take alternative routes as suggested here under, or other routes whichever is easier without touching Mount Road. " This ban on the slow moving traffic was part of a comprehensive scheme contained in the notification, whereby passage of vehicle was regulated by providing six lanes over the road; separate bus stops were provided for the city and moffusil stage carriages, certain streets opening into that part of the Mount Road were declared one-way streets; speed limits were prescribed; automatically operating signals were installed. Though conceived as an experimental measure, the notification was the outcome of much study of the problem and it was intended to facilitate smooth passage of fast moving vehicles in the context of the ever increasing volume of such traffic.

(3.) WE shall now refer tot he circumstances that led to the notification. The question of effective regulation of traffic over the main road, which provide access not merely to the business places situate therein but also serve as the sole connecting link between the highways leading up to Madras, from the south, west and north of the City, appears to have engaged the attention of the Government for quite a long time. Traffic congestion, apart form its inconvenience, is not unoften the cause of road accidents. Regulation of traffic is one of the essential duties of the police. Modern methods of traffic control have to be adopted in the interests of the public generally. It has been estimated that nearly 55000 vehicles pass through the Mount Road between 8 a. m. and 8 p. m. roughly about 75 vehicles per minute. With the increasing prosperity of the country and of the temp of business activity, the problem is bound to present itself in a more acute from hereafter, particularly as the registration of motor vehicles has of late been showing a steady increase. The technical aspect of the question formed the subject matter of study by the Traffic Department Committee appointed by the government in the year 1960. Traffic surveys were under taken by it and the requisite information was collected. It was found that the number of vehicles, at any given time, that passed through the Mount Road was the heaviest between the Round Tana and the Gemini roundabout. Of them, 50 to 55 per cent were motor vehicles, 43 to 48 per cent were cycles and the remaining accounted for the slow moving bullock-carts, handcarts, rickshaws etc. Several causes were found to be responsible for the traffic delays and congestion; they were, slow moving handcarts and bullock-carts, faulty location of the bus stops and taxi stands, indiscriminate and haphazard parking, uncontrolled cross traffic, both vehicular and pedestrian, and indiscriminate vehicular turns. The scheme combines in the notification sought to remove or minimise the influence of these causes with the object of securing a smooth and orderly passage of traffic and avoidance of accidents. The regulation of the various matters referred to above, except in regard to the slow moving traffic, will not have any serious impact upon the rights of the individual; but a restriction on the movement of the handcarts and bullock-carts etc. will undoubtedly have its repercussions on those employed in the business of either drawing or driving such carts, and also on the business facilities enjoyed by those who employ them.