KISHORE DEEPAK KODWANI Vs. STATE OF M.P.

JUDGEMENT

(1.) By this Public Interest Litigation, the petitioners are mainly challenging the B.R.T.S. project (Bus Rapid Transport System) over the stretch from Niranjanpur to Rajeev Gandhi Square, which is about 11.8 Kms. When the writ petition was filed project was in-complete. During pendency of the writ petition a prayer has been made by the respondents No.1,3 and 5 to permit them to start the dry run and trial run. The Division Bench of this Court considering the statement made by the learned Additional Advocate General granted permission for dry run and trial run by order dated 18.4.2013 and also observed that the Senior Officers of the Administration, Police, Traffic Police, Municipal Corporation along with the necessary staff shall constantly monitor the situation on the said road and shall submit the report about the outcome of the dry run and the trial run and fixed the case for 13.5.2013. The statement made on 18.4.2013 read as under :-

(2.) Thereafter, the matter was listed from time to time. On 16.7.2013 several irregularities, difficulties and problems arisen out of the implementation and function of the B.R.T.S. Project was pointed out by the petitioners vide IA.No.3672/2013. Considering the aforesaid, this Court found that the moment of traffic in the B.R.T.S. bus lane, which is comparative wide is about 3% only, much less than the narrowly lane for the ordinary private vehicle. It was also found that no notification has been issued under Section 115 of the Motor Vehicles Act, 1988. The trial run was commenced from 26.4.2013 to 25.5.2013. After success of the trial run, the respondents started trial commercial run, on the basis of order of the Collector, Indore dated 8.5.2013. The Division Bench of this Court by order dated 16.7.2013 observed that "no notification under Section 115 of the Act has been issued and order dated 8.5.2013 can be at the most an order under proviso to Section 115 of the Act, which can remain in force for not more than one month." The respondents without any compliance of Section 115 started plying i-bus on B.R.T.S. route. After 07.6.2013, there was no order by any authority to ply the aforesaid bus on B.R.T.S. Road. The Collector Indore, without any order permitted the i-bus to run over the B.R.T.S. route in violation to the provisions of Motor Vehilces Act, 1988 and Motor Vehicles Rules, 1994.

(3.) Considering the aforesaid the Division Bench by order dated 16.7.2013 appointed 5 members expert committee to examine the B.R.T.S. Project, Indore and submit their report.