The Jammu and Kashmir High Court closed a Public Interest Litigation (PIL) filed seeking a direction to the concerned authorities for prevention of commercial vehicles plying in residential areas even in late night which disturb the peaceful environment of the householders living near the public roads.
It has been brought before the High Court that similar issue was considered by the High Court in OWP No. 458/2003, wherein an order was passed by the Court on 27.10.2005 issuing a slew of directions, including the following direction which would take care of this PIL also, which the Court find at para 7 of order dated 27.10.2005, which is reproduced herein below:-
“7. The Transport Commissioner and IG Traffic are also directed to take all required steps to stop entry of all trucks and medium load carriers into the cities of Srinagar and Jammu from 8 a.m. to 8p.m. during winter and 7 a.m. to 9 p.m. during summer. They shall also take all necessary steps for closure of all unauthorized parking places in the two cities which are not notified by the Transport Commissioner.”
Thus, the Transport Commissioner and IG Traffic were directed to take all required steps to stop entry of all trucks and medium load carriers into the cities of Jammu and Srinagar between 8 a.m. to 8 p.m. in winter and between 7 a.m. to 9 p.m. during summer. They were also directed to take all necessary steps for closure of all unauthorized parking places in the two cities which are not notified by the Transport Commissioner.
It has been submitted by Monika Kohli, Senior Additional Advocate General that in pursuance of the directions issued by the Court, necessary instructions have been issued by the concerned authorities and the aforesaid directions of the High Court have been complied with, as such, the relief claimed by the petitioners in this PIL can be said to have been satisfied.
The Division Bench of Chief Justice N. Kotiswar Singh and Justice Sanjeev Kumar reiterated the aforesaid directions issued earlier to be complied with by the authorities in letter and spirit so that the peaceful environment of the residential areas is not disturbed.
Raghav Sawhney, counsel for the petitioners, however, submits that in spite of such directions being issued, the lane in front of his house is being used by commercial vehicles. He has also drawn our attention to certain documents in support of his claim of non-observance of the directions issued by this Court by the Commercial vehicles and submits that the authorities are bound to take necessary action against them.
In this regard, the Court observed that the petitioners would be at liberty to approach the concerned Deputy Commissioner with detail materials to show the violation of the Court’s directions and non-observance by the commercial vehicle for which the Deputy Commissioner after making necessary verification in this regard will direct the concerned persons/authorities for compliance of the Court directions in letter and spirit as referred to above and also take necessary legal action.