Namit Kumar vs U.T.Chandigarh

Swatanter Kumar, J.

Times have shown that putatively inevitable results of modernisation, industrial and socioeconomic growth of a developing country, are hazardous to public life, health and environment. The resultant adverse effects are reflected in various fields and spheres even in common man''s life. The anxiety of a person to arrive at his destination by possible fastest mean of transportation (more particularly vehicular traffic) and by spending shortest time in travelling causes problems. More so, in a country like ours where movement of economic forces including man power, raw material depends on surface transport, which in turn depends on combustible fuel as a source of energy, becomes a prime cause of noise and air pollution. Large section of daily commuters depends on road transportation system for their need. Out of the known problems, the most serious are relating to the environmental pollution and high rate of mortality and injuries to persons resulting from road accidents. In this "City Beautiful" such problem is neither unknown nor at a level which can be overlooked or ignored, considered from any possible standards. There is hard and pressing need to regulate the traffic within the prescribed four corners of law and also to prevent environmental pollution resulting from vehicular traffic. This is necessary so that the residents of Chandigarh and the States of Punjab and Haryana can breathe clean and fresh air, the pedestrians and the persons driving various kind of vehicles are able to avoid death traps on the road, resulting from rash and negligent driving and other such acts/omissions.

There is no doubt that solving of these pervasive problems having multi dimensional difficulties depicts unsoluble social tangle. One may see it with some optimism and find a solution to this problem. It may appear to be a baroque or a very long term process. However, it is equally true that every long journey must begin somewhere and that too by taking firm and effective steps to achieve the ultimate end. During the course of hearing, we noticed that there is no dearth of codified laws which have a direct and material bearing on all the issues arising for consideration in these writ petitions. The implementation of statutory provisions and the State policy in this regard, leaves much to be desired. The malady appears to be the lack of determination to implement and will to achieve targets. This is certainly in addition to apathetic attitude and complete insensitivity to the traffic laws of the public at large. Violation of simple traffic regulations and courtesy, with temerarious attitude on the part of the persons driving vehicles and lack of tenacity on the part of the enforcing agencies to enforce related laws, is the root cause of disastrous accidents on the roads.

Various articles appeared in the newspapers from time to time giving reports of increasing deaths and injuries in road accidents as well as the problems arising from violation of prescribed parameters for emanation of smoke by vehicles. A very sad story was brought to the notice of the Court where because of negligent and irresponsible attitude adopted by the drivers and conductors of a school bus, a minor child who was still to see life, was crushed to death under the rear tyre of the school bus from which she alighted at the bus stop. The mother of the child could do nothing but watch this ugly scene which remained a source of constant torture for the rest of the life of that young couple. This incident was brought to the notice of the Court by the parents of the minor child by filing an application where they even made certain suggestions in regard to carriage of students/children by institutional buses or vehicles. Notice of this application was issued to the concerned authorities as well as the schools concerned. Still another and very unfortunate identical incident occurred and was brought to the notice of the Court during the pendency of this application, in regard to another school bus.

Violation of traffic laws, unchecked speed, inadequate facilities in regard to roads etc. amongst others are the various reasons which are resulting in rapid increase in road accidents. The rash and negligent driving and breach of traffic laws not only takes away dear and near ones of some people but most of the time causes permanent disability to the persons injured in such accidents. Results of rash and negligent driving draw no exception to age, sex and creed but always prove fatal. The twin adverse consequences of such disfunctional and disordered traffic are fatal road accidents and serious air and noise pollution which results in increase in death rate all over the area. Everyday reports in the newspaper showed steep increase in the rate of deaths/injured, caused by fatal or other accidents on the roads of Chandigarh. On 24.3.1995 it was reported that during January to March of the current year there had been 25 deaths while in the corresponding period of previous year there were 16 deaths. This alarming increase in the death ratio was being ignored by the authorities concerned and no effective measures were being taken to prevent reoccurrence of fatal accidents.

It is in this background that the Division Bench of this Court vide its order dated 27.3.1995 issued a notice to show cause to the concerned authorities in a public interest litigation, suo moto, in pursuance to the order/noting dated 24.3.1995, which reads as under :

"An article has appeared in "Chandigarh Newsline" dated March 24, 1995 under the title "Sharp rise in deathrate in road accidents". This article and the facts alleged in it indicate callousness on the part of the concerned authorities. In the case of Suman Deol v. The Delhi Administration and others, which involved all transporters including the Government, the Supreme Court has upheld issuing of direction. I feel this is an appropriate case where the Court should issue suo moto notice to the authorities concerned in public interest :

Inspector General of Police (Traffic), Union Territory, Administration, Chandigarh.

General Manager, Haryana Roadways, Chandigarh.

General Manager, Punjab Roadways, Chandigarh.

General Manager, Chandigarh Transport Undertaking, Chandigarh.

Director of Transport/Regional Transport Authority, Union Territory Administration, Chandigarh.

The newspaper containing the above article is placed below. The nothing be placed before Hon''ble the Chief Justice for directing the matter to be taken and for issuance of further orders in accordance with law.

Sd/

(Swatanter Kumar)

March 24, 1995

Judge.

The order dated 27.3.1995 reads as under :

"Notice of motion returnable on 24.4.1995.

Mr. Ashok Agrawal, Addl. A.G. (Pb.) waives service for 3rd respondent.

Mr. Kamal Sharma, Addl. A.G., Haryana waives service for respondent No. 2."

After the notice was issued in the public interest litigation another regular petition of wide magnitude covering all the different issues relating to the traffic control and control of pollution was filed by Shri Namit Kumar, Advocate, Civil Writ Petition No. 7639 of 1995 titled Namit Kumar v. U.T. Chandigarh Administration, 1998(3) R.C.R.(Civil) 366 on which the notices were issued to the respondents who filed the detailed reply/objections. This writ petition was directed to be listed along with the main writ petition in public interest.

Still another writ petition was filed praying for directions to the respective enforcing agencies to ensure strict adherence to the traffic rules and prescribed environment standards for traffic, as postulated under Rule 15 of the Motor Vehicle Rules, 1989. This writ petition was registered as CWP No. 820 of 1996 titled Inderjit Singh v. U.T. Chandigarh Administration. As such by this judgment we would dispose of all the petitions and applications together.

With the issuance of notice on these petitions, not only the authorities appeared but number of applicants joined from the public, on behalf of the schools, persons interested in protection of environment. All these persons assisted the Court not only by advancing their respective cases and blaming the Administration for its lapses but also put forward well considered and constructive suggestions during the course of hearing.

The Court, at the very outset, appreciates the contribution made by all the lawyers, applicants, government officers/officials and members of public who took keen interest and effectively participated in these proceedings which spread over a considerable period, in larger public interest.

During the pendency of these petitions various committees were constituted including a high power committee. The Court would be failing in its duty if we did not record our appreciation to curious work done by the members of these Committees and for the panoply of resultoriented approach adopted by the members. We would also place on record out appreciation for the effective contribution made by Mr. P.S. Patwalia, Advocate who appeared as counsel for the petitioner, as well as in the main public interest petition, at the request of the Court and Mr. H.S. Sethi, Advocate, who was appointed as Local Commissioner in this writ petition by the Court.

In order to approach this acute and growing problem while taking a pragmatic view to find out an effective solution, we would divide this petition into the following five parts :

(i) Directions in regard to school buses, operation and effective measures to prevent untoward incidents as noticed in this judgment;

(ii) Directions in regard to removal of obstructions for free flow of traffic, unauthorised encroachments on the roads and construction in the middle of the roads;

(iii) General directions based on reports of Committees in regard to regulating the existing traffic system, development of roads and strict implementation of prescribed penalties, further, to ensure reduction and prevention of high rate of deaths and injured in road accident;

(iv) Directions in regard to the matters relating to prevention and control of air environment and noise pollution resulting from vehicular traffic; and

(v) Important general directions to the concerned authorities of State of Punjab, Haryana and Union Territory, Chandigarh Administration.

I. DIRECTIONS IN REGARD TO SCHOOL BUSES :

OPERATION AND EFFECTIVE MEASURES TO PREVENT UNTOWARD INCIDENTS AS NOTICED IN THIS JUDGMENT.

Carmel Convent School one of the primary Girls Institution of Chandigarh had provided through contractors bus service to the children to and fro the school. The owner of the bus had taken benefit of exemption/reduction in payment of road tax and permit charges, on the ground that it was being used for the benefit of school children/educational institutional. As per registration book, bus No. CHW1 stands in the name of Carmel Convent School.

As noticed earlier five years old Prarthna was killed as her body was crushed by the rear tyre of the school bus from which she had alighted opposite to her house. This unfortunate incident resulted obviously because of undue haste on the part of the person in charge of the vehicle including the driver. An FIR No. 223 of 1996 under Section 279/304A/337 I.P.C. was registered by the concerned police station. Thus we refrain to make any further comments in this petition in this regard. Making reference to the various statutory provisions it was prayed that appropriate directions be issued to the respondents to avoid such incident in future resulting from reckless attitude of the concerned authorities.

Notice of this application was issued to the authorities of school who filed their reply and the matter was being heard when on 12.11.1997 another such brutal incident was reported in The Tribune which was brought to the notice of the Court. It was stated that Brighu Mahajan, a student of Sharda Sarvhitkari School who was travelling by a school bus was crushed to death on the road itself. This incident occurred when the said student alighted from the bus and was crossing the road to go home but his presence on the road was not noticed by the driver.

Vague reply has been filed by the Administration to show that there are hardly any deaths by the school bus either of the children who are travelling by the bus or other persons who are involved in this process. These replies have been demonstratively found to be incorrect.

The need occurs for providing more professional services in the buses which are associated with educational institutions and more particularly with the schools where young teenagers from the age of 5 onwards are carried from home to school and school to home. The extent of care and responsibility covers maintenance of buses, keeping them roadworthy, should not be emanating smoke beyond permissible limits and should be manned by trained, experienced well versed drivers and conductors. The provisions of the various laws regulating all these aspects are there but it is more of their violation than adherence which is resulting in serious accidents and inconvenience to all concerned. We are told that State provides certain exemptions to the permit holders who are operating vehicles for schools or educational institutions. In order to seek the special benefits provided under the State policy, greater degree of responsibility is cast upon the carriers to take the needed care and caution to avoid any untoward incident and provide required assistance to the concerned quarters. At this stage, reference can be made to the following statutory provisions dealing in this aspect under the Motor Vehicles Act, rules framed thereunder and the other laws directly or indirectly effecting this aspect of the matter :

"Section 2(5) "Conductor in relation to a stage carriage, means a person engaged in collecting fares from passengers, regulating their entrance into, or exit from, the stage carries and performing such other functions as may be prescribed;

Section 2(11) "educational institution bus" means an omnibus, which is owned by a college, school or other educational institution and used solely for the purpose of transporting students or staff of the educational institution in connection with any of its activities.

"66. Necessity for permits : (1) No owner of a motor vehicle shall use or permit the use of the vehicle as a transport vehicle in any public place whether or not such vehicle is actually carrying any passengers or goods save in accordance with the conditions of a permit granted or countersigned by a Regional or State Transport Authority or any prescribed authority authorising him the use of the vehicle in that place in the manner in which the vehicle is being used."

DUTIES OF DRIVERS AND CONDUCTORS OF PUBLIC SERVICE VEHICLES : FRAMED BY CHANDIGARH ADMINISTRATION UNDER THE MOTOR VEHICLE RULES, 1989.

3.8. The driver and the conductor of a public service vehicle :

(i) shall as far as may be possible having regard to his duties, be responsible for the due observance of the provisions of the Act and of these rules and of any conditions of the permit relating to the vehicle;

(vii) shall not allow any person to be carried in any public service vehicle in excess of the seating capacity specified in the certificate of registration of the vehicle and additional number permitted under the terms of the permit to be carried standing in the vehicle;

(xvii) shall take all reasonable precautions to ensure the safety of passengers in or on or entering or alighting from the vehicle."

OBLIGATION TO CARRY A CONDUCTOR :

"5.19(1) State Transport Authority may attach to any stage carriage permit or a permit pertaining to a goods vehicle a condition that a conductor or a cleaner shall be carried at the back of the vehicle at all times or any specified time.

(2) A condition included in a permit under subrule (1) may direct that a conductor shall also be carried when the vehicle is being used as a contract carriage."

FURTHER CONDITIONS THAT MAY BE ATTACHED TO A PERMIT :

5.22 State Transport authority may attach to any stage carriage permit or contract carriage permit a condition that the holder shall exercise such supervision over the work of his employees as is necessary to ensure that the vehicle is operated in conformity with the Act and the rules and with due regard for the comfort, convenience and safety of the public and of any passengers carried."

"215. Road Safety Councils and Committees :

(1) The Government may, by notification in the Official Gazette, constitute for the country of a National Road Safety Council consisting of a Chairman and such other members as that Government considers necessary and on such terms and conditions as that Government may determine.

(2) A State Government may, by notification in the official Gazette, constitute for the State a State Road Safety Council consisting of a Chairman and such other members as that government considers necessary and on such terms and conditions as that Government may determine.

(6) "Conductor''s Licence" means the licence issued by a competent authority under ChapterIII authorising the person specified therein to act as conductor.

(7) "Contract carriage" means a motor vehicle which carries a passenger or passengers for hire or reward and is engaged under a contract, whether expressed or implied, for the use of such vehicle as a whole for the carriage of passengers mentioned therein and entered into by a person with a holder of a permit in relation to such vehicle or any person authorised by him in this behalf on a fixed or an agreed rate or sum

(a) on a time basis, whether or not with reference to any routine or distance; or

(b) from one point to another, and in either case, without stopping to pick up or set down passengers not included in the contract anywhere during the journey, and includes

(i) a maxicab; and

(ii) a motorcab notwithstanding the separate fares and charges for its passengers.

(31) "permit" means a permit issued by a State of Regional Transport Authority or an authority prescribed in this behalf under this Act authorising the use of a motor vehicle as a transport vehicle.

(47) "transport vehicle" means a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle."

The scheme of the above provisions indicate a uniform application of law and regulations to commercial vehicles as well as to the vehicles owned or operated by educational institutions for transportation of the school or other students. The need of the present time demands that effective measures are taken by the State to avoid reoccurrence of such incidents and to regulate the traffic and maintenance of vehicles of this kind with the greater vigour and seriousness. Based upon the above provisions and other relevant rules framed by the Government under the provisions of Motor Vehicles Act, 1988, the Central Motor Vehicles Rules, 1989, the Air (Prevention and Control of Pollution) Act, 1981 and the Environment Protection Act, 1986 and seeing these provisions in the light of the three recent judgments pronouncement by the Hon''ble Supreme Court of India given a clear mandate in this regard in the cases of M.C. Mehta v. Union of India, J.T 1997(9) SC 213 : 1996(2) RRR 592 (SC); M.C. Mehta v. Union of India, JT 1997(9) SC 237 and M.C. Mehta v. Union of India, JT 1997(10) S.C. 209 we, hereby, pass the following directions for strict adherence and implementation :

(i) Every vehicle, bus, van or such other transport shall be permitted to carry school children or used for such educational institution only if it holds a proper permit within the meaning of Section 66 of the Act.

(ii) All the vehicles so used shall be roadworthy and carry a certificate of fitness annually for this purpose. All the school buses shall carry a certificate of Insurance under Section 146 of the Act.

(iii) All the drivers who are driving the buses belonging to the schools or hired by the school or by the educational institution shall only be driven by the drivers who have at least five years of driving experience of such vehicles.

(iv) In the said experience of five years such drivers or school buses ought not to have been challaned more than three times for violation of traffic offences like jumping of red light, improper parking, violating stop line, unauthorised lane changing, overtaking etc. Further such drivers ought not to have been challaned for an offence under Sections 279/336/337/338/304A IPC during the period of requisite experience of five years.

(v) All drivers and conductors of the school buses owned by the school, hired by the school or permitted to be used by the school for carrying its children would wear proper uniform and name plate showing the name and licence number of the said driver and conductor.

(vi) The bus driver shall have proper and valid licence in force during the time of his employment/engagement.

(vii) The conductor of such buses should have a licence as postulated under Rule 2.5 of the Act. As immediate enforcement of this condition may not be possible, therefore, in order to obviate the possibility of total inconvenience vide our order dated 22.8.1997 we had permitted that instead of licensed conductors, persons who had some experience in this regard termed as attendant could work as conductors for the time being. This condition could be relaxed for a further period of two years from the date of pronouncement during which the concerned State Governments and departments are, hereby directed to formulate a policy for issuing licence to the conductor in accordance with the rules and more particularly trained conductors for the school buses. We would expect the concerned authorities, more particularly, the State Transport Authority, Chandigarh and Director of Transport of the respective States to report compliance of this condition to the Registry of this court after the expiry of the stipulated period. Till then the attendants would be permitted to run school buses but it should also be ensured that these attendants are adequately trained to handle the young children.

(viii) Proper but stop for the stoppage of school buses shall be marked on the main road as well as on the inner roads of various sectors/colonies. Due demarcation and sign boards exhibiting school bus stop shall be displayed at that point.

(ix) The conductors and drivers of all the school buses shall be subject to a refresher course at least once in two years. The responsibility to conduct such courses shall be that of the State Transport and Directorate of Transport of the respective States. It shall be obligation of the registered owner of the bus and school to ensure that the drivers and conductors undergo for the required refresher courses within the stipulated period,

(x) All buses deployed for this purposes would ensure adherence to the prescribed standard for emanation of smoke from the vehicles under the various laws enforced at present.

(xi) During the course of hearing of this petition, upon recommendation of one of the Committees and after due deliberation vide our order dated 25.7.1997, we had directed introduction of one way traffic for the buses and all other traffic specially on the roads which lead to schools and exit of such vehicles from the school enroute to the main road. This interim direction worked quite satisfactorily and no accident on that road was reported during the course of hearing by any body concerned including the traffic police. Therefore, we direct that one way traffic wherever it was tried during the pendency of this petition shall be made as a regular feature forthwith.

(xii) The buses/vehicles used for carriage of students of educational institutions will not be permitted to exceed the speed of maximum 50 K.M.P.H. in any part of the City.

(xiii) The buses shall carry a board showing the name of the school, route and timings which shall be displayed conspicuously on the front of the bus. All school buses/vehicles shall carry First Aid Boxes duly containing the minimum requisite medical first aid items and they shall be open to inspection at any time by the concerned authorities. The concerned authorities should prefer that all the school buses shall have yellow colour. However, this condition could be introduced gradually but compliance must be ensured within reasonable time.

(xiv) We further direct that the schools and educational institutions shall control and man the traffic coming in and having their buildings through their own man power.

(xv) Towards the area where Carmel Convent, Sacred Heart, Saint John and other schools are located in the same area, traffic shall strictly adhere to one way traffic system during the school hours. No vehicles belonging to any person whosoever and/or carrying the red light, government vehicles shall not be permitted to jump the rules relating to one way traffic system.

(xvi) All schools having area of parking inside the boundary walls of the schools premises shall ensure that all the buses so engaged, drop the children inside the boundary wall of the schools. Dropping the children on the roads outside the schools which are very busy roads at peak hours would be nothing but disastrous and any error on the part of any body would prove fatal to a young life. This direction is also being issued for the reasons that it was conceded before us that sufficient parking areas have been provided to the schools under the letters of allotment of land to them at the initial stage.

(xvii) No bus used for this purpose shall allow the children to sit in excess of 1.5 times its registered sitting capacity. All these directions and conditions shall be applicable mutatis mutandis to all the three wheelers, taxis and other vehicles being used for this purpose. This would apply to the buses owned by the schools, engaged by the schools or being used for the said purpose under an agreement or an understanding or by any mode.

(xviii) The concerned authorities and the traffic police is hereby directed to provide pedestrian crossing (zebra crossing) on all the roads which are in front of all the schools located on the main or inner roads in all the towns of the States of Punjab and Haryana and Union Territory Chandigarh within 15 days from the date of pronouncement of this judgment. Any person who offends the law with regard to pedestrian crossing and does not stop the vehicle prior to the pedestrian crossing provided for the children to go to the school, if so needed in that area, shall be deemed to have committed a traffic offence and shall be liable to be punished in accordance with law.

All these directions shall be adhered to by all concerned and steps required to be taken would be effectively and expeditiously taken by the concerned authorities and the State Government concerned.

(II) DIRECTIONS IN REGARD TO REMOVAL OF OBSTRUCTIONS FLUENT FLOW OF TRAFFIC, UNAUTHORISED ENCROACHMENTS ON THE ROADS AND CONSTRUCTION IN THE MIDDLE OF THE ROADS.

Vide various interim orders the Court had directed introduction of one way traffic on trial basis. One of the basic problems that was brought to the notice of the Court is the unauthorised encroachment on public roads, parking of cars at the places where there is no provision for parking and blockage of road by illegal constructions.

Most astonishing example that was brought to the notice of the Court was construction of two shops in the middle of a metalled road which resulted in complete blockage of the road. This was a point near the market of Sector 24, Chandigarh, where a kind of island existed where traffic from four different directions was regulated, has been converted into a death trap point. Everyday there are major or minor accidents at this juncture. It is primarily for the reason that there is no possible way/means to manage the traffic at this point, which is increasing day by day. This is the result of irresponsible and negligent attitude adopted by the concerned authorities, 60'' wide road has been totally blocked by the construction of these two shops. The island/roundabout, has become ineffective and of no use because of the construction of these shops on the metalled road as no traffic can pass from that road. Now intersection is of perpendicular roads which is not possible to be managed by any proper, established and known means of traffic management.

As this construction of the shops was found to be totally illegal, unauthorised and hazardous to traffic regulations and danger to public, the Court vide its order dated 19.12.1997 had issued a notice to show cause to the builders. In the meanwhile, the SHO of the concerned area was directed to stop construction forthwith. However, still the builders were able to raise superstructure to some extent. In reply to the show cause notice, the stand of the builders was simple that they had given a bid in auction and the Chandigarh Administration had allotted this spot for construction of the shops to them. They shifted the entire blame to the Administration. The Administration while trying to rely upon their records stated that this was the proper place for construction of shops. The stand taken by the Chandigarh Administration was surprising and, therefore, we opted to call for the records in regard to auction and permission to construct. The possession is stated to have been handed over by the Estate Officer on 9.5.1997, of a plot measuring 26.01 sq.yards. At the back of the possession letter an interesting note was given which reads as under :

"Certified that I have taken the possession of booth site No. 190 at Sector 24D Chandigarh. The site has been shown to me and found free from visible encumbrances."

Similar was the situation of the adjacent plot which was described as site No. 198. Both these plots put together of which the construction has been raised make complete width of the road and not even an inch of road has been left. We are unable to see as to how the officers concerned as well as the bidder could not see whether construction could be raised on a metalled road which has been in existence for more than 30 years. This was the admitted position before us that the metalled road has been in existence now for considerable period and on various occasions the said road has been repaired, metalled, rematalled and heavy expenditure incurred by the concerned department on this road. Another surprising factor is that when the note was put up for handing over possession, it was nowhere stated that the construction of these plots have to be raised on a metalled main road and whether the administration should consider allotting of alternative plots or take some other measure which would be in larger public interest. In fact, this important fact was never spelt out on records and has been withheld by the concerned quarters. The site plan was shown to us which further indicates the ulterior motive on the part of the concerned persons. It was never described in the site plan that construction has to be raised on the metalled road which has been in existence for so long, but it was stated that the plots in question the possession of which is being handed over or allotted are adjacent to the main road. The possibility of misrepresentation in regard to a material fact, therefore, cannot be ruled out. Plan was shown.

The Local Commissioner appointed by the Court, it visited the spot and submitted report to the Court. A bare reading of the report indicates an unjustifiable and unreasonable conduct on the part of the government officials as well as the allottee/bidder. On a cumulative reading of the record it appears to us that for small gains and favours these parties have acted collusively to defeat and injure the larger public interest. No plausible explanation has been rendered on record which could justify complete blockage of the flow of traffic in that area. The advantage these bidders get that their shops would open both sides on the main road and they would get independent parking space because the remaining part of the circular road cannot be used for flow of traffic but only would lead to the door of these two shops.

It needs to be noticed that as per the Local Commissioner the construction of these shops is hazardous to the running traffic and is likely to cause accidents frequently. It is also strange that between the existing island and other open space on which the other shops are located, there is still more than enough space for construction of number of shops which have not intentionally been utilised by the department and is lying vacant even today. Adjacent to a road certainly does not mean on the road. Under law the shops must be at a reasonable distance from the main road and that too after leaving the passage for pedestrians to move. All these rules and regulations have been given a complete gobye and the case presented before us only gives one impression that the entire department is acting with its eyes shut to an existing fact and position on site. A public way which has been in use for such a long period would become a public street and thus would not be open to obstruction by the Government itself least by a private party. Some plans were shown to us which as admitted by the department itself have not been followed. Where there should have been cycle stand the shops have been constructed and where there should have been shops, roads have been constructed and now attempt is being made to construct shops on the road. Thus causing inconvenience and total harassment to the residents of the locality.

Another important factor which must be noticed is that the possession of these plots was handed over much after the interim direction for introduction of one way traffic in Sector 24 had already been passed by this Court. This road was to be used as a part of the newly introduced system and in fact, was used for a short period for trial and thereafter this construction has been raised.

The lay out plans which have been filed on record relates to the period of October, 1981. These are not the correct lay out plans because original lay out plans have not been filed on record. The expression revised "lay out plan" shows that the original plan was revised. The original plan was not brought on record intentionally. Furthermore, the so called revised lay out plans which are more than 16 years old, are not correct as per the site. This position was conceded by all concerned that the site is at total variance in regard to all matters which have been depicted in this revised lay out plan. It was also not disclosed that there is a lot of open space where shops can be constructed and some of them have not even been allotted. In spite of our specific directions no records relating to the construction of the metalled road and its approval by the authorised department was produced. In fact, in the short affidavit filed on behalf of the Executive Engineer, Capital Project, Division (Roads) on 13.10.1997, it was stated that no records are available. We fail to either understand or appreciate as to how the government expenditure was incurred for all these years on this metalled road, if the records are not traceable. Certainly there is something more than what meets the eyes, on the basis of record before us. There appears to be another definite misrepresentation by the department to the public at large. When the list of commercial sites to be auctioned at Chandigarh was prepared by a Committee of the O/o S.E. (Construction), CircleII, Chandigarh a letter was written to the Estate Officer on 3.2.1996 much prior to the handing over of possession and holding of public auction of these plots. The Committee of nearly 5 officers prepared a report about the steps to be taken, declaration to be made and about possible encumbrances on the site. In regard to some shops in Sector 26 and Section 39 reference was made to development of roads and parking area while in regard to these shops which are the subject matter of discussion, incorrect facts were stated. It is admitted that the public advertisement did not contain the remarks that these booths are to be constructed on the metalled road in existence. The representatives of the department had stated before the Local Commissioner appointed by this Court who visited the site that earlier a cycle stand was to be constructed along with 44 feet wide road but later on booths have been constructed. It may not really be of much use to go into this controversy any further but we would straightaway make a reference to some portion of the report of the learned Local Commissioner who visited the site, took photographs and submitted his report. The relevant extract of the report reads as under :

"That the undersigned while inspecting the shops also gathered the information from the shopkeepers about traffic movement on the road after two booths have been constructed on the 24'' long road which was serving as one way traffic to the general public. The general opinion is that at present there is a 22'' long road which is dangerous and is not serving the general public properly. Many accidents occurred as the heavy vehicles while taking the turn covers full road which cause obstructions to the traffic coming from the opposite side and at various times, generally the two wheelers drivers meet with the accident.

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Undoubtedly, the road was in existence for last more than 30 years and was serving the general public as one way traffic. The Department without constructing the actual 44'' long road with the divider auctioned the booths which fell on the road completely blocking the 24'' long road which is now causing inconvenience to the general public. In fact, when the undersigned was inspecting he has also seen that the heavy vehicles take a turn with a great difficulty on the 22'' long road which is now in existence and can cause the accident during the night especially."

For the reasons aforestated, we are unable to agree with the stand of the lessee or of the government department. The construction of these shops on the main road is illegal and unauthorised. In any case, it is a permanent obstruction to the fluent flow of traffic in Sector 24. As already noticed four main roads meet at this intersection. These main roads provide entrance and exit to other major roads which are dividing Sector 24 from other Sectors. Thus this obstruction must be removed forthwith. Consequently, we direct that two shops which have been constructed during the pendency of the petition should be demolished forthwith and the road repaired and restored to its original condition.

Further we would direct the Chandigarh Administration to develop the island existed to make it a proper circle to regulate the traffic as it existed. In reply to the show cause notice, the lessee/bidders had filed an affidavit that they had incurred certain expenditure on the construction of these two shops which are half constructed. Even on date there is no definite rebuttal to the affidavit filed by the objectors, except a vague denial. No definite evidence has been placed on the record by either party but the fact remains that structural construction including laying of roof of these two shops has been completed. Such a construction was permitted by the department but in colourable exercise of its power. The amounts indicated by the objectors are certainly exaggerated one. The objectors are also at fault as they did everything with their eyes open and took the risk as already noticed. Keeping in view the minimum prescribed rate for such construction we are of the considered view that the ends of justice would be fully met, if the department is directed to pay a sum of Rs. 50,000/ to each of the objectors, Resultantly we direct so.

We further direct the Secretary of the concerned department to conduct an enquiry into this matter and recover the said amount so paid by the Government in proportion to the negligence of the each officer irrespective of his status and post. The enquiry shall be conducted by the Secretary personally and shall be concluded within a period of 6 months from the date of judgment. The compliance of the order and recovery of the amount shall be reported to the Registrar of this Court by the Secretary concerned.

We further direct the Estate Officer, Chandigarh Administration to allot alternative site in the same Sector to the lessee. As already noticed there is more than sufficient open space still lying vacant just 10 feet away from where the construction has been raised on the main road. This allotment of alternative site shall be made after demolition of the shops but in any case within 15 days from the date of the judgment.

During the course of hearing of this petition, it has been brought on record that there are various unauthorised obstructions on the main road by Reharis, Dhabas, unauthorised and illegal parking in each Sector as well as on the main road. This in any case is a matter of common knowledge and the Court could be obliged to take due notice to such facts. Under the provisions of various laws applicable in that behalf, and even the master plan applicable to the City of Chandigarh clearly indicate the manner in which parking spaces should be provided and all other incidental matters should be dealt with. After the main metalled road there has to be a passage for the pedestrians to walk and any temporary or other structure should be atleast more than 15'' to 20'' away from the main road. The purpose is that flow of traffic is not obstructed and such encroachment of temporary or permanent nature must be removed. The Reharis, Dhabhas unauthorised car parking, rickshaw parking thus must be removed in view of the above directions. To be more particular we direct as follows :

(1) The Chandigarh Administration shall provide demarcation for parking area in each Sector/Sector market for different types of vehicles/rickshaws each obviously would not be on the main road itself.

(2) This exercise shall be done within a period of one month from the date of this judgment.

(3) All Khokhas/Reharis shall be parked not less than 15 feet away from the main road in towns if they have otherwise valid permission/licence from the concerned authorities.

(4) All existing obstructions as aforesaid shall also be removed from all the main roads within the said stipulated period.

(5) The parking on the main roads is a serious obstruction to the flow of traffic and creates avoidable nuisance. Thus we direct that no vehicle light, heavy or two wheelers shall be parked on any main road or side roads in the entire city of Chandigarh and other towns. This is more particularly applicable to Sectors 10, 11, 17, 22, P.G.I., Gain Market and other commercial Sectors.

(III) GENERAL DIRECTIONS BASED ON REPORT OF COMMITTEES IN REGARD TO REGULATIONS OF EXISTING TRAFFIC LAWS, DEVELOPMENT OF ROADS AND STRICT IMPLEMENTATION OF PRESCRIBED PENALTIES AND TO ENSURE REDUCTION AND PREVENTION OF HIGH RATE OR DEATHS AND INJURIES IN ROAD ACCIDENTS.

In order to check increasing rate of accidents, fatal or otherwise it is necessary to implement the existing laws relating to traffic effectively. Limitations of various kinds on the part of the State could be a reasonable excuse in some cases but it cannot be treated as a universal answer for non implementation and enforcement of the existing laws. We have noticed that on some of the points explanation rendered by the State and or its agencies is far from satisfactory. This acute social problem must find some preference on the agenda of the State and for its development and progressive activities. To provide safety to human life and important transportation means is one of the basic obligations of the State. Increasing anxiety on the part of the youngster or elder to drive rashly and negligently predominantly results in increase of road accidents. Lack of will and determination to strictly enforce the traffic regulation and imposed prescribed penalty with vigour has given an impression to the offenders to violate the traffic laws in a very casual manner. The prescribed punishments are not acting as a sufficient deterrent to prevent repeated violation of traffic laws. There are numerous causes, which have been placed on record before us, responsible for this state of affair, but the ultimate solution to the problem is not in shifting the blame to one another, but is that all concerned must be determined to act together to achieve the legislative intent and ensure greater human safety and value for life on roads.

As already noticed, various Committees were appointed by this Court during the pendency of this petition. These were the Committees appointed for a limited purpose and thereafter a high powered committee was appointed to examine the entire matter with proper emphasis on reformative steps on the one hand and proper enforcement of law in order to take this public interest litigation matter to its logical end. In order to visualise the dimensions of this hazardous problem, we had passed an order on 1.8.1997. The relevant part of which reads as under :

"With the consent of the parties and the officers present we consider it appropriate to constitute the following Committee for the time being to go into the above requirements and submit their suggestions, with the approval of the Government concerned, on the next date of hearing :

Mr. S.K. Midha, Secretary, Chandigarh Administration.

Mr. H.S. Sohal, Director, Environment, Chandigarh.

Secretary Transport, Chandigarh.

Mr. Balbir Singh, S.P. Traffic, Chandigarh.

Mr. P.J.S. Dadwal, Principal Secretary, Pollution Committee, Chandigarh.

Commissioner Transport, Haryana.

Mrs. Deepa Jain Singh, Secretary Transport, Haryana.

Mr. S.S. Puri, Joint Director, Transport, Punjab.

I.G. Traffic, Punjab.

Mr. H.S. Sethi, Advocate.

Various interim reports were submitted by this Committee and thereafter two final detailed reports have been submitted before the Court by them and the last detailed report was submitted in August/November, 1997.

The Committee examined various aspects of the matter and made a detailed study into the recommendations made by CENTRE FOR RESEARCH AND PLANNING IN HIGHWAY AND TRANSPORTATION SYSTEM. It was pointed out that this organisation had submitted 3 preliminary reports to the Chandigarh Administration and the last report was submitted in March, 1997. Following were the recommendations given by the Organisation :

"(1) Construction of grade separator on Transport Chowk.

(ii) Widening of Poorv Marg and Himalayan Marg from 4 lane to 6 lane divided.

(iii) to segregate the slow moving traffic from fast moving traffic along Madhya Marg and Dukshin Marg.

(iv) Widening of Udyog Path between ISBT rotary and Cricket Stadium rotary from 4 lane to 6 lane divided.

(v) Improvement of geometric of some of the existing roundabouts i.e. Kissan Bhawan Chowk, Labour Chowk, Grain Market, Survey of India Chowk, Tribune Chowk, Rose Garden, Medical College and Cricket Stadium Chowks.

(vi) Converting the ISBT chowk and Piccadily Chowk into 4 lane signalised intersections.

(vii) Construction of pedestrian plaza at

(i) Press Chowk.

(ii) Transport Chowk.

(iii) Near P.G.I. Entrance.

(iv) Near exit point of Bus Stand and Sector 22.

(v) to (vii) .........(sic)

(viii) Widening of V4 road passing through Sectors 1819, 27 and 28 into 6 lanes divided.

(ix) Conversion of staggered intersection between Sectors 17 and 18 into 4 arm signalised intersection.

(x) To introduce one way traffic along some selected roads in Sector17 and strengthening of service road parallel to Madhya Marg in Sector7

(xi) Redesigning of Transport Area,

(vii) Controlled entry and exit points for ISBT buses (intra and inter City buses)

(xiii) Improvement of internal circulation of interState Bus Stand.

(xiv) Construction of alternate link roads to Panchkula.

Alternate 1 : Connecting Uttar Marg (Sukhna Lake with Indira Colony) at Manimajra side.

Alternate 2 : Connecting Udyog Path (Poorv Marg Crossing) with Sectors 16 and 17 of Panchkula.

Alternate 3 : Connecting Dakshin Marg with Sectors 15 and 16 of Panchkula.

In the interim report submitted by the Department dated 18.7.1997 reference was made to various drawbacks as well as the measures which were required to be taken for the purpose of achieving the required results. The heading of some of the suggestions can be summed up as follows :

"Fixing of speed limit in the Union Territory of Chandigarh and Municipal cities of the State of Punjab and Haryana. Standard of maintenance of vehicles. To reduce the control of vehicular pollution and accidents."

The Committee proposes the following measures to regulate their functioning :

(i) The control of cyclerickshaws be done as per the existing bye laws and the traffic police may be entrusted with the job of enforcing the byelaws.

(ii) In order to reduce the congestion and have a smooth flow of traffic in the city centre of Sector17, the Committee recommends that plying of cycle rickshaws may be completely banned within this sector, as is the case at Cannaught Palace, New Delhi. This area may be further extended to include Sector 22 and Sector 34 after a gap of 5 years.

(iii) The parking of cyclerickshaws is posing a great problem as most of the existing parking lots, otherwise meant for vehicles, have been encroached upon by the cyclerickshaws, thereby leaving no parking place for vehicles. The Chandigarh Administration may be directed to earmark the sites together with its capacity for cyclerickshaws in various sectors in the City. The increasing number of cyclerickshaws need to be effectively controlled.

(iv) The local operation of Chandigarh Transport Undertaking (CTU total buses : 412 buses) in the city of Union Territory of Chandigarh needs to be increased. As a matter of fact, CTU was established with a view to provide economical transportation to the residents within the city. The main aim was for operating buses on local routes within the city. However, it has been observed that CTU is carrying out interState stage carriage operation from Chandigarh to far off places such as Jaipur (Rajasthan), JammuKatra (J&K) and HardiwarRishikesh (Uttar Pradesh). The interState operation by CTU does not or is not in consonance with the objectives of its formation. The Local operation of CTU at present is grossly inadequate. A direction needs to be given to the Chandigarh Administration for plying CTU buses on local routes including neighbouring areas of Punjab and Haryana upto a radius of 25 kilometres from the limits of Union Territory of Chandigarh. The interstate stage carriage operation is being well managed by the States of Punjab and Haryana and as such there will be no adverse effect if CTU is directed to carry out stage operation in the city State of Chandigarh exclusively. This is all the more desirable as there is no private stage carriage operation in the City of Chandigarh."

Further this Committee recommended that the drivers of the public sector buses or transport Corporation must be dealt with departmentally more strictly and stringently who violates the traffic laws. They further recommended introduction of one way traffic, of course, with greater emphasis on co operation by public in this regard as there is no sufficient force with Chandigarh Administration to enforce it at this juncture. They also suggested providing of dividers on all the main roads which bifurcate sectors.

At this juncture, it may be appropriate to make reference to the very detailed report of the Committee dated 20.8.1997. In this report, the Committee while reiterating the need to implement CRAPHTS suggestions and recommendations, further provided for widening the roads, providing slip roads for ingress and outgress from the main road. Presently the roads like Madhya Marg and V5 have already been provided with slip roads. This is necessary for the reasons that traffic has increased and rather than direct entry into the main road at perpendicular angle traffic must run parallel to the main road on the via slip lane and then gradually entering the main road. This would also avoid accidents and in any case is well accepted practice all over the world. Recommendation was specifically made with regard to providing of speed limit. Introduction of no overtaking zone, one way traffic and for providing adequate staff to all concerned cells which are to deal with enforcement of various provisions under these legislations.

Before commenting upon the merits of the respective contentions raised before us and giving necessary directions which are called for, we would make reference to the letter of Chief Architect and Secretary, Department of Urban Planning, Chandigarh Administration dated 31.7.1997 wherein an action proposed plan was submitted for easing the traffic problems and traffic congestion in the City of Chandigarh. The letter reads as under :

"Subject : Action taken to solve the traffic problems in the City.

Works already completed.

Rotary at the Transport Chowk and Press Chowk along Madhya Marg converted into ATC signals to ensure smooth flow of traffic at these crossings.

Slip roads have been constructed at most of the notaries along Madhya Marg to decongent the rotary.

The slip roads have also been constructed at the crossing of V2V4, road near Aroma Hotel, near A.G. Office and M.C. Office in Sector 17 to decogest the traffic of these crossings.

Himalaya Marg between Sectors 17 and 18, 2122 converted into one way traffic by providing central dividers in the road.

Central verge in the remaining part of the Himalaya Marg between sectors 3435, 4344 shall shortly be constructed.

The road around the bus stand rotary has been widened from 3 lance to 4 lane and its carrying capacity has been increased by 25%.

Traffic lights have been installed along Purv Marg near Modella crossing of V5, V3 roads in the Southern sectors to ensure smooth flow of traffic at these crossings.

Keeping in view the parking problem in Sectors 17, 5 additional parking lots have been planned i.e. near K.C. Theatre near M.C. Office, near Sessions Court adjoining treasury building and near G.P.O. building and the construction work is in progress.

Additional parking to accommodate about 500 vehicles has been constructed near lake.

Additional parking areas have also been constructed in various neighbourhood shopping centres at sector level.

Motor Market Complexes have been planned in the west of Sector 38 and BC to rehabilitate the unauthorised motor markets in Sectors 21, 28 and other places which are creating traffic problems in the those areas.

A pedestrian subway has been constructed on the road between bus stand and Sector 22 shows rooms.

Work in the Pipeline :

(i) To decongest the traffic on Madhya Marg plans have been supplied to the Engg. Department for the construction of missing links of slow carriage way so that slow traffic could be diverted on this road. Also, it is proposed to close the openings of roads where V5 road is directly merging to V2 road because as per the Master Plan concept V5 road has to merge with slow carriage way. This will reduce the chances of accidents of Madhya Marg.

(ii) There is a proposal to widen the Himalaya Marg from two lane divided to 3 lane divided. But due to trees existing at site the proposal is not being implemented. The Engg. Department has been requested to grow more trees along the road side so that when those trees are grown, the existing ones falling in the proposed widening of the road could be cut later on.

(iii) To decongest the traffic at the Tribune Chowk, Piccadily Chowk, Labour Chowk and Kisan Bhawan Chowk on Dakshin Marg, the slip roads have been planned along the rotaries.

(iv) To regulate the parking of the Rickshaws in the City, 280 Rickshaw parking sites have been identified at various places in the city.

(v) To regulate the parking of taxies, 54 taxi stand sites have been notified at various places.

(vi) Keeping in view the increased traffic volume on Purv Marg, it is proposed to widen the existing road from 2 lane divided to 3 lane divided.

(vii) to decongest the existing busstand, there is a proposal to construct a new bus stand in Sector 43 and preliminary drawings for the same have already been evolved.

(viii) The existing bridge on Sukhna Choe on ChandigarhPanchkula road is proposed to be widened from 2 lane to 4 lane divided.

(ix) A grade separator is being provided at the Transport Chowk so that the through traffic towards Panchkula side may not halt at the light point.

(x) To reduce the traffic on ChandigarhPanchkula road, an additional link road to Panchkula is being considered.

(xi) A link road between Panchkula and Chandigarh Railway Station is under construction.

(xii) To work out long term planning for traffic and transportation of Chandigarh a specialised agency (CRAPHTS) has also been engaged to carry out studies for the development of MRTS for Chandigarh. The CRAPHTS has already undertaken the basic survey and submitted a preliminary report in which some suggestions have also been made for the improvement of internal road system within the City i.e. widening of some roads, improvement of geometric of some rotaries, construction of pedestrian subways, construction of flying over at Transport Chowk, an additional link road to Panchkula etc. Necessary action is also being taken to workable the recommendations of this report i.e. improvement of road geometrics, widening of road, construction of flying over at Transport Chowk and additional link road to Panchkula etc."

Upon hearing the learned counsel for various parties, keeping in view the above reports, recommendations of the expert bodies and high power committee appointed by this Court, we have no doubt in our mind that certain directions immediately, short terms and long terms are called for in the facts and circumstances of the case before us.

The legislative powers of the Centre and the State Governments emerging from the provisions of sections 27, 29 and 30 of the Motor Vehicles Act indicate that great responsibilities has been conferred upon various authorities, by the framers of law, by prescribing powers of delegated legislation to them. Such obligation of the State is not only statutory in its nature and scope but basically also arises from the concept of public law obligation. Settled principles of State welfare activities further impose obligation on the State to make provisions and take necessary steps to prevent and control violation of traffic laws by vehicular traffic and to provide humane safety on roads of the States.

We do realise that implementation of various laws and the directions issued under this judgment would also depend on the cooperation extended by the public at large. The moral and legal conviction on the part of all concerned and definite steps taken by the State would certainly ensure compliance of Rules and Regulations which would not only have preventive effect but would also be beneficial to every one. Efforts of the State could prove futile if public at large, more particularly young generation, flouts the law rather than obey it. The basis of this enforcement is selfsafety and selfprotection. While accepting various recommendations of the Committees and having coagitated over the matter from all possible angles, we would issue the following directions in larger public interest :

IMMEDIATE DIRECTIONS(TO BE IMPLEMENTED AFTER THE EXPIRY OF 15 DAYS FROM THE DECISIONDATE THIS JUDGMENT UPON DUE PUBLICITY TO THE PUBLIC AT LARGE).

(1) All the buses, trucks and other heavy and light vehicles, whether owned by individuals, private sectors, public sectors, government Corporations shall carry first aid box as required under the rules without fail.

(2) No power or musical horns shall be permitted in any vehicle light or heavy. In other words, only the standard horns which are fixed by the manufacturer of the car would be permitted strictly in adherence to the provisions of Rule 119 of the Rules. All vehicles, buses, trucks and cars which are fitted with power or musical horns shall remove the same within a period of 15 days from the date of pronouncement of this judgment.

(3) Use of black films on the glasses of the car or use of dark glasses is neither permissible nor can otherwise be termed as proper. This only obstructs the clear vision of the driver on all sides resulting in avoidable driving error causing accidents.

Thus we direct that no vehicle light or heavy shall have black films or black glasses. The vehicles, cars, buses, trucks, private or pubic sectors, which are having back films or black glasses shall remove the same within a period of 15 days from the date of pronouncement of this judgment.

All Government and private vehicles shall strictly comply with this condition. The only exception being where the Director General of Police of the concerned State or Union Territory or an officer duly authorised by him in this behalf (not below the rank of Additional Director General of Police) issues a certificate under his seal and signatures that car of the concerned person/V.I.P. should be permitted to have such films or glasses to avoid serious security hazards to the said person. This again would be restricted to the official car allotted to such person.

(a) No vehicle particularly the private cars or government shall be permitted to carry red/blue lights on the roof or the bonnet of the cars except the cars which are duly notified by the State for that purpose. The traffic police shall ensure strict adherence to this condition and all the private cars shall remove such lights forthwith.

(b) All the buses/truck Unions or Associations shall ensure that all their members who are obviously either the drivers or the conductors etc. would attend such refresher courses for the prescribed time as afore indicated. Such Unions and Associations for this purpose have to approach the Government authorities concerned to ensure that refresher courses are attended by such persons. A certificate shall be issued by the competent authority to the drivers/conductors who have attended such refresher courses for the period to be notified by the State Government.

(c) The jeeps or vehicles which are permitted to carry local passengers on the main G.T. Road from place to place or to the Villages at a distance from the main G.T. Road shall not be permitted to carry more than 1.5 (times) of their sanctioned permitted sitting capacity. It has been brought to the notice of the Court that such jeep or small vehicles carry more than 15 to 20 passengers which is not only an apparent danger to the life of the passengers but is also hazardous to the main highway traffic.

(4) Speed limit for all heavy and light vehicles shall be duly displayed on all the roads, main as well as side roads.

(5) All the conductors and drivers of all the buses shall wear prescribed uniform which shall carry name plate with licence number of the driver/conductor/attendant.

(6) The Committee has reported that existing speed limits in Chandigarh are suitable to the roads of Chandigarh. We accept this recommendation and would direct that speed limit prescribed would continue till altered by the competent authority.

(7) The concerned authorities/traffic police is hereby directed to identify no overtaking zones in all the major towns including Chandigarh. It shall be ensured that restriction of no overtaking is strictly adhered to and enforced in these zones. To begin with no overtaking zones shall be introduced from the crossing of Sectors 22, 23 near the bus stand till Mohali and on all other such roads which are carrying heavy traffic and do not have dual carriage system as of today. This shall be so identified, notified and enforced within a period of one month from the date of pronouncement of this judgment.

(8) All the vehicles, heavy and light shall be maintained in roadworthy condition and would meet the required standards prescribed in the Rules and Regulations. Any vehicle not roadworthy or violating the said rules and regulations would be liable to be taken off the road in accordance with law.

(9) No vehicle, heavy and light shall be driven by the person not holding licence or person not having the prescribed age for driving the vehicles, two wheelers, three wheelers, cars, bus, truck etc. or driving the same without licence is found to be driving such vehicle in that event such vehicle shall be liable to be seized in accordance with the provisions of Section 207 of the Motor Vehicles Act and the Authorities shall take such serious action without fail.

(10) The concerned authorities shall provide parking spaces and fully utilise the existing space in and around the commercial and public places. We are told that certain parking underground and above the ground level are not being utilized thus causing blockage and traffic congestion on the road because of parking on the main road. This shall be stopped forthwith and the authorities shall provide within a period of one month the parking systems where such charges shall be payable by the car owner for parking his car keeping in mind the period for which such vehicle is being parked in the prescribed parking area. Any vehicle which is not parked in the parking area shall be liable to be towed away by the enforcing agencies.

(11) Parking spaces in all the sectors for cyclerickshaws shall be provided by the Administration which will not be on the main road or internal roads of the sectors.

(12) No unauthorised construction or rehri, dhaba will be permitted within 15 feet of the point where main roads ends and pedestrian start.

(13) Due parking space will be provided in all the sectors but no vehicle would be permitted to be parked on any unspecified area more particularly on the main road or internal roads of the sectors.

(14) All the persons (men and women) while driving two wheelers and/or sitting on the pillion seat of the two wheelers shall bear helmet. Exemption shall only be granted to the Sikhs (Sikhs wearing turban while driving). This shall be enforced forthwith.

(15) All the main roads and lane and street should be provided with electric light and wherever they have been provided it should be ensured that they are functional.

(16) At all the main crossings and intersection of roads and at such other places, it may be considered by the appropriate authorities to provide pedestrian (zebra crossing) within 15 days from the date of pronouncement of this judgment. Any vehicle which fails to stop at the zebra crossing seeing the pedestrian shall be deemed to have violated the traffic regulation rendering him liable for punishment prescribed under the general provisions relating to punishment of the Motor Vehicles Act. The authorities concerned shall strictly adhere to this condition.

(17) The Escorts/pilot car of all the VIP/VVIP shall adhere to the traffic laws and would not jump traffic light etc. In the event of violation of traffic laws, the driver and Officer in charge of such pilot vehicle shall be liable for departmental action. In addition to that they shall be liable to be awarded the prescribed punishment under the Motor Vehicles Act and the Rules and Regulation framed therein, if found guilty.

(18) The bus lane/heavy vehicle lane shall be provided in all the roads including the G.T. Road and wherever there is dual carriage road systems are in existence or are built in future.

(19) If any driver of a public or government vehicle commits and is found guilty more than three times of violating any traffic/pollution control laws or directions issued in this judgment, the department concerned shall take departmental disciplinary action against such driver/Conductor in accordance with rules applicable to such employees. It is further directed that the drivers of all the vehicles shall be subject to medical fitness by the authorities which may be prescribed for that purpose once in five years.

In the event of driver of a private, light or heavy vehicle, appropriate action in accordance with law would be taken by the State Transport Authority of the concerned State/Chandigarh Administration.

(20) The State Government is obliged to provide required Force as afore directed and that too within stipulated time. We have already said that required staff could be employed by the Chandigarh Administration while bearing the expenditure in equal share. In the event the authorities concerned so decide they should be left at complete liberty to withdraw the force/police officer/official from wherever they are deployed presently and divert their post to ensure compliance contained in this judgment.

The forces specifically deputed for the compliance of the directions shall be subjected to courses/refresher courses as may be considered suitable by the competent authority. The members of the Forces should be physically fit absolutely to perform the function and duties mentioned in this judgment and must be attentative while on duty on the roads.

(21) It is further directed that the drivers of all the vehicles shall be subject to medical fitness by the authorities which may be prescribed for that purpose once in five years.

(22) In a very recent judgment of Hon''ble Supreme Court of India in the case of M.C. Mehta v. Union of India and others (supra) various directions for regulating vehicular traffic with greater emphasis on removal of all hoardings and advertisement Boards on the road side which were considered hazardous and disturbance to safe traffic movements.

Following the mandate of the Hon''ble Apex Court, we direct that all the signboards hoardings, neon sign boards, advertisement boards, facing the highway, main road and the side roads/lanes shall be removed within a period of one month from the date of pronouncement of this judgment, compliance report shall be submitted to the Registrar of this Court within 15 days thereafter.

It is made clear that firstly the State administration/competent authority i.e. the State Transport Authority and the Municipal Corporation or Committee shall call upon the holder of such Boards to remove the same within 15 days. In the event of their failure to do so the State shall remove the same by its enforcement agencies. It shall be ensured that boards are removed and the iron or concrete pillars on which such boards are fixed are demolished or removed. The expense so incurred by the State shall be recovered from the owner of the land as arrears of land revenue, if not paid on demand.

(23) One way traffic shall be introduced within 15 days from the date of pronouncement of the judgments in Sectors 24, 17 and Institutional and Commercial sectors. It will be implemented in the same manner as it was done during the trial period in furtherance to the interim orders passed in this writ petition.

The only argument that was advanced against the introduction of one way traffic was some inconvenience and the possibility of some persons may have to travel one or half kilometre extra. Both these reasons appear to be so feeble that do not even call for consideration as a much larger public interest is bound to be served by introduction of this system and we must weigh the larger public interest against the interest of the individuals.

(24) Signeages shall be provided by the concerned authorities on all major and minor roads. Sign boards clearly indicating the routes, colonies, sectors and speed limits etc. shall be duly displayed on such boards.

The State Government shall ensure incorporation of the restriction, terms and conditions, as indicated in this judgment and prescribed under the provisions of Act in the permits which are to be issued to the concerned vehicles.

(25) The concerned authorities including Municipal Corporation of Chandigarh and other Corporations in the States of Punjab and Haryana are hereby directed to remove all the garbages and other junk lying on the sides of the roads within 10 days from today. It shall also remove all the articles placed by the shopkeepers and occupants of the various houses private or government within 15 feet from the point where main traffic road ends.

It is further directed that it shall further ensure that even dust bins provided for collection of garbage or domestic waste placed by the side of the main roads should be at least 15 to 20 feet away from the main road. This direction has become necessary because the garbage and waste is thrown by the side of the road. First it results in creation of nuisance, bad smell and secondly animals collect there who eat the waste and obstruct the flow of the traffic.

SHORT TERM DIRECTIONS :

(a) Introduction of one way traffic in all the sectors of Chandigarh, inter sectors and intra sectors.

(b) Providing of side lanes to all the main roads of Chandigarh. Most of the main roads in Chandigarh are already supported by side lanes. These roads would be introduced as slow carriage and fast carriage road and would also be used for the purpose of leaving and joining the main roads in the going traffic.

(c) Introduction of refresher courses for drivers, conductors of all vehicles.

(d) Introduction of refresher courses for traffic police and other enforcing agencies. Emphasis of such refresher courses should be towards public dealing, exercise of authority with great care and caution, to respect the provisions of law by voluntary activities and to ensure strict compliance and adherence to the traffic law, terms and conditions contained in this judgment and due respect for human dignity. The refresher courses shall be conducted on regular intervals as may be fixed by the State with due regard to the directions but in any case not later than once a year. Decision in this regard shall be taken by the concerned Secretary of the concerned department of either of the States or Administration of Chandigarh. The government shall also decide the duration of such refresher courses and their scope etc.

(e) We do hope and in fact would direct the State Government to complete the dual road on the G.T. Road at the earlier.

(f) All the educational institutions, other institutional area, commercial or Secretarial and such other buildings, owned by the Government or private sector shall provide due parking space in their buildings. They shall further ensure that the traffic entering their buildings and leaving the said building is properly controlled and manned by their own staff. Efforts shall be made to avoid parking outside such buildings as far as possible. However, such buildings shall be kept under constant check by the enforcing agency as well as the Committee appointed under this judgment.

(g) The competent authority and enforcing agencies shall create self sufficient main parking spaces in all the areas wherever it is possible and workable. The administration may even specify the parking for a particular class of persons if the situation so demands. This condition shall be enforced within a period of 6 months except to the extent indicated under immediate directions.

LONG TERM OBJECTION :

(1) There has been consistent and rapid increase in vehicular traffic in every town and more particularly in Chandigarh. This aspect was also considered by the committee and it was brought to our notice that the maximum increase in vehicular traffic is arising from two wheelers and cars. Every road has a capacity to take traffic load and such limitations which if exceeded, the normal result is traffic hazard, increase in accidents and traffic congestion and blockage at different points.

Keeping the various aspects of this in mind we would direct the government concerned to seriously consider the introduction of better, convenient mode of mass transportation or communication system in various towns of the respective States and more particularly Chandigarh. We do hope that State Administration would take such steps expeditiously.

(2) Various suggestions made by the High Power Committee pointed out by this Court shall also be treated as directions of this Court. However, in addition thereto all the terms and conditions even stated in this judgment for which a specific period has not been fixed shall be deemed to be a long term direction given by this Court and shall be duly adhered to and implemented in due course.

(3) Compliance of various recommendations and suggestions made by the Centre for Research Planning in Highway and Transportation System would be treated as long term direction under this judgment.

The observations would include dilute the effect and period of implementation enumerated under various heads of this judgment.

(4) The Government shall consider the feasibility and possibility of installation of traffic light system on all the roundabouts falling on the main roads of Chandigarh.

(5) The concerned Governments and Chandigarh Administration are hereby directed to make plans and provide under pedestrian passages wherever needed. They are further directed to formulate the proposal and provide sub ways for joining the main road on the opposite side of the road from where the driver of the vehicle intends to join the main road. It shall also consider the proposal of providing of carriage ways/subways for entrance and exit to various sectors/colonies from the main road.

(IV) DIRECTIONS IN REGARD TO MATTERS RELATING TO PREVENTION AND CONTROL OF AIR, ENVIRONMENT AND NOISE POLLUTION RESULTING FROM VEHICULAR TRAFFIC.

During the pendency of this writ petition various interim orders were passed with an effort to protect the environment and to control the air and noise pollution by various State Agencies under the decisions of the Court. It has been stated that there are more than approximately 3 lacs vehicles plying on the roads of Chandigarh as on 31.3.1994. To this figure more than 30,000 to 40,000 vehicles are added every year. This obviously is the number of vehicles registered and plying on Chandigarh roads but we cannot ignore the fact that large number of vehicles which are not registered with the Chandigarh Transport Authority and are registered at other places in the neighbouring States or districts are also plying in Chandigarh and adding to the pollution. Effective steps were required to be taken to control this serious problem of environmental pollution arising from vehicular traffic i.e. cars, three wheelers, two wheelers, trucks, buses, tempos and other vehicles. Thus, it had become inevitable that effective and meaningful steps were taken by the authorities concerned not only to solve the existing problem but to prevent its rapid increase. The protection and improvement of human environment is not only a major issue but is a problem with some serious gravity. In order to protect human environment various laws have been enacted by the Parliament and the State Legislature besides having revision in regard to nuisance and other offences relatable to human conduct the enactment of the Environment Protection Act, 1986, Prevention Air Pollution Act. Some of the provisions contained in Motor Vehicles Act and the Rules framed thereunder also clearly indicate the legislative concern in regard to protection of environment. In addition to the creation of the High Power Committee as aforestated, various directions were issued by the Court vide its interim orders directing the creation of pollution check points by the State administration, maintenance of appropriate records in regard to checking of the parameters in relation to the smoke emanated by the vehicle, the manner in which they should be dealt with and finally if the vehicle fails to clear the pollution test it must be directed to be taken off the road until it is adhered to the prescribed parameters.

A reference to some interim directions passed during the pendency of the writ petition would be necessary.

As already noticed, vide order dated 9th April, 1996, a Special Committee was appointed to concentrate on the preventive steps required to be taken with regard to the air pollution and environmental pollution problems. This Committee mainly consisting of environment engineers of the respective boards and vide the same order the following directions amongst others were issued to this Committee.

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(ii) The States of Punjab, Haryana and U.T. Chandigarh shall file affidavits within one week from today containing their suggestions with regard to avoiding of traffic hazards, to prevent accidents, prevent pollution of air/environment by emission of smoke from the vehicles and to make the vehicles roadworthy in all respects and for such vehicles to strictly conform to the specifications provided under the Motor Vehicles Act.

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This Committee shall have the power and the D.S.P. Traffic, Chandigarh, shall provide all assistance to this Committee including the police force, to inspect any private vehicle including vehicles belonging to Government, Semi Government, Corporation Board, Transport Undertaking and any heavy vehicle running in any part of the territorial jurisdiction of the States of Punjab, Haryana and U.T. Administration Chandigarh. The Committee shall make a report with regard to adherence to standards prescribed for emission of smoke in law, general conditions of the vehicles, speed limits and any other violation. The Committee in addition to submitting a detailed report in regard to the above before the Court, shall also require the D.S.P. Traffic of the States of Punjab, Haryana and U.T. Administration, Chandigarh to challan the vehicles in accordance with law at the spot for such violations. The Committee shall carry on its above activities till 30.4.1996 and shall submit report before the next date of hearing i.e. 2.5.1996.

Further vide order dated 31st October, 1996, the following directions were passed :

"In this public interest litigation, the Court is concerned with regard to prevention of air pollution by various types of vehicles which are running on the roads of this beautiful City. This includes Government sector, commercial and private vehicles, both heavy and light keeping in view the provisions and mandate of the legislature as incorporated in the Motor Vehicles Act, Air Pollution (Control) Act and other allied legislations and specially keeping in view the judgment of the Hon''ble Supreme Court of India confirming the judgment of Delhi High Court in the case of Suman v. U.O.I. and others, C.W.P. No. 3028 of 1993 dated 26.11.1993, we consider it appropriate, to issue certain interim directions during the pendency of this writ petition which cover much larger field in this regard.

After hearing the counsel appearing for various parties at some length we consider it absolutely essential and in the interest of justice to issue following directions :

(i) Mr. Patwalia, learned counsel appearing as amicus curaie in this case has contended that the points units specified for checking the pollution caused by emanation of smoke by vehicles both heavy and light are not functioning properly. According to the learned counsel they are issuing stickers/certificates declaring the vehicles as not polluting without proper checking and with an intention to favour certain officials and individuals. On the other hand, Mr. Ashok Aggarwal, Sr. Advocate, appearing for the U.T. Administration while disputing this contention of the learned counsel Mr. Patwalia, has informed the Court that there are 4 private and 4 public sector units/points which have requisite machines for conducting the tests of checking the parameters of emanation of smoke from vehicles in accordance with the prescribed parameters. The learned counsel has further stated that 4 other applicants are in the process of being approved by the Administration as they fulfil the basic requirements. Another 12 vehicles according to the U.T. Administration are under active consideration of the Administration. Consequently, we direct the administration to grant permission to the four above stated units in accordance with rules and if they are found to meet the prescribed standard and specifications to conduct such pollution tests. They shall be directed to commence operations within a period of two weeks from today.

(ii) All the 12 units shall be directed to maintain registers which shall be signed by Mr. M.S. Sohal, Director Environment. This designated officer of the State Administration shall periodically check these registers to ensure their correct maintenance.

(iii) These units while maintaining the registers shall make an entry with regard to the following particulars in that register.

(a) Vehicle No.

(b) Model/Year of manufacturing :

(c) Name of Registered Owner :

(d) Whether the vehicle was found fit or not :

(e) Result of the report with regard to emanation of smoke from the vehicle.

If the vehicle fails in the test, the concerned unit/owner shall be responsible for informing the aforesaid officer in writing these details.

Upon receiving this information, State Transport Authority/Licensing Authority shall direct the registered owner not to ply the vehicle for a period of two weeks on the road and in the meanwhile to get the defect of the vehicle rectified and produce the vehicle before the officer aforestated to ensure that the parameters prescribed are satisfied.

(iii) Only such vehicles would be permitted to ply on the road which are issued certificates by the State that they meet the required parameters.

(iv) The vehicles which fail to meet the standards even on repeat test would be directed to be taken off the road permanently or till such period they again voluntarily approach the authority with the request that the vehicle be tested afresh.

For this purpose, before a vehicle is directed to be taken off the road permanently a show cause notice shall be issued under the Motor Vehicles Act by the Licensing Authority/STA and after giving opportunity of hearing to the registered owner of the vehicle, the final order shall be passed.

(v) It has been argued before us unanimously by all the learned counsel appearing in the matter that bad quality of petrol supplie by the petrol pumps is adding to the pollution being caused by the vehicles. In this situation we direct that the Food and Supplies Department of the Chandigarh Administration shall, in coordination with the other concerned authorities, would be entitled to collect random samples from all the petrol pumps and have them analysed from the State Laboratory/Central Government Laboratory or any other State Government Laboratory of the Punjab and Haryana for having the contents of the petrol diesel checked. If the sample is found to be deficient in any manner, action would be recommended to the authorities concerned including the petroleum Company to be taken against the defaulting petrol pump owner and employees at the earliest.

(vi) We further direct the learned counsel for the Chandigarh Administration to file complete statement of the vehicle checked, vehicles found fit, vehicles failed in the test and the vehicles which have reported back after rectification for the period starting from 4th November, 1996 till 26th November, initially.

(vii) Another defect which has been pointed out by the counsel is that there are certain financial and staff constraints in implementing the various directions of the Court. According to the counsel there are only three personnel available with this body to perform various activities under the laws applicable and to implement directions of the Court. This staff is certainly inadequate and this particular section/department of the Government certainly needs finances to serve a larger public interest. Consequently, we direct the U.T. Administration, Chandigarh, State Governments of Punjab and Haryana to provide the required staff and finances to this Department headed by the Sub Divisional Magistrate, Chandigarh, within a period of 10 days from today. Keeping in view the nature of the functions we further direct the Pollution Control Boards of the States of Punjab and Haryana also to provide staff with adequate knowledge in the field to this Department.

(viii) The Traffic Police of U.T. Administration Chandigarh shall further assist the Department and ensure compliance of the orders passed by the Court today. The traffic police shall challan all types of defaulting heavy and light vehicles more particularly trucks, buses, cars, fourwheelers and threewheelers etc. including their registered owners and drivers, in accordance with law. The Senior Superintendent of Police, Chandigarh, would file a statement of the number of vehicles challaned of initial default as well as of subsequent default for the aforesaid period.

Copy of this order be sent to the Chief Secretaries, concerned Secretaries of the three Governments as well as to the Director of Transport S.T.A and S.S.P. Chandigarh forthwith for compliance.

All the concerned counsel be also given photostat copy of this order, duly signed by the Reader.

To come up for further proceedings on 28th November, 1996."

In order to effectively oversee the implementation of the previous direction vide order dated 16th December, 1996, the Court passed the following directions amongst other :

(i) The State Transport Commissioners of the States of Punjab and Haryana and Divisional Manager, Chandigarh Transport Undertaking, Chandigarh respectively alongwith all the General Managers of the concerned depots shall file affidavits in this Court within a period of three weeks from today stating therein that none shall be permitted to ply on road unless unless it conforms to the prescribed standard of smoke emanation and has obtained certificate from the Pollution Checking Authority. This undertaking shall further state that vehicles which have already been declared unfit by the Pollution checking points shall not be plied on the road till the time they are rectified to bring emanation within the prescribed standard.

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(iii) As per the report 515 vehicles were found to be unfit and failed the pollution test and they were given notice by the administration and two weeks period to rectify the vehicles and direct them for recheck. All other vehicles except 182 have reported back for recheck and have been found to be fit. In these circumstances we direct that 182 vehicles as reported in the report, shall be given notice to show cause why vehicles should not be confiscated by the Administration by granting them a period of three weeks from the date of issue of the notice. After expiry of the said period, the said vehicles shall be seized by the Administration and kept in the respective police station for the time being.

(iv) It is an admitted fact that there are only three traffic entry points to the whole city of Chandigarh. Thus, it is comparatively much easier to prevent and control air pollution being caused by vehicles of all kinds. Therefore, we direct the Committee to submit a workable and concrete proposal for providing pollution check points on all these three entries. They may also suggest ways and means for effective working of these units.

All government authorities shall assist and provide requisite help for implementation of these directions."

The Committee was also called upon to submit its detailed report in furtherance to the various interim directions. The Committee as well as High Powered Committee appointed by order dated 9.4.1996 and order dated 1.8.1998 respectively had submitted that reports and suggested various measures to be taken for controlling air and noise pollution resulting from vehicular traffic. In the final report submitted by the Committee, short term and long term suggestions have been made by the Committee which we would accept in the larger interest. We do hope that the government shall take appropriate steps to implement the suggestions made in the report of the Committee in due course.

A specific affidavit was filed on behalf of the Environmental Engineer stating that there is air pollution caused by the vehicles. The traditional concept of nuisance did include within its fold the pollution of noise, but in the recent time it forms part of a definite hazard to public health and is not confined merely to an injurious of inconvenience. The noise resulting from power horns, music being played at extremely high pitch and vehicles being driven without silencer are certainly injuries to environmental and public health. In addition to the fact that the above legislations are in force, nuisance by noise would still be actionable and enactments relating to control of air and environment pollution have to be accepted as extended concept of social justice.

The noise pollution does not only result in diverting the attention of other persons resulting in accident but at the face of it, is injurious to human health and vitiates the environment which is basically required for running of smooth uninterrupted traffic.

Damage to public health resulting from vehicular pollution and disasters of road accidents must be prevented to ensure welfare of people. Steps in this regard by the State must be equated to activity of Welfare State. In fact, this would be well within the known concern of basic rule of law. These preventive measures taken by the State are for the public and public will be well expected to implement such orders, rules and regulations with willingness. Must the public not cooperate for its own benefit and advantage, stringent punishment must follow because welfare activities of the State would fail to subserve the need of the public because of noncooperation by some members of the public.

An affidavit was filed on behalf of the Chandigarh Pollution Control Committee by its Member Secretary as late as on 26th of May, 1998. Affidavit shows that at various places when the random samples of air were collected it was found to be polluted and was beyond the prescribed standard. It was also stated in the affidavit that various vehicles on the road are not satisfying the prescribed limit. In the reports it was indicated that large number of vehicles which had failed to satisfy the prescribed standard in the first test, most of them did not turn up for the second check up while some others were found to satisfy the required limit.

Thus we consider if necessary to issue the following directions in this regard as well :

(1) The interim orders dated 9.4.1996, 31.10.1996, 16.12.1996 and 22.8.1997 shall continue to be in force and would be treated as integral part of this final judgment.

(2) All the 12 pollution check points in Chandigarh would continue to operate subject to their satisfactory performance to the satisfaction of the concerned authority.

(3) The three pollution check points shall be at the entries of the Chandigarh at Panchkula, Mohali and Zirakpur shall be maintained by the State Governments in accordance with the direction of this Court. They shall check all vehicles which enter Chandigarh from these points irrespective of the place where the vehicles are registered.

(4) The staff appointed by the States for the purpose of checking and prevention of air pollution by vehicular traffic shall continue to be on deputation with the Chandigarh Administration and would carry out the duties assigned to them by the concerned authorities.

(5) The States of Punjab, Haryana and Chandigarh Administration shall share all the expenses, without exception, incurred in this regard and in order to carry out the directions of this Court in equal shares.

(6) In furtherance to the above directions mentioned in the interim orders if any vehicle for the second time fails to meet the prescribed standard/parameters in regard to emanation of smoke from the vehicle, the vehicle shall be directed to be off the road till it meets the prescribed standard. In default thereto the State Government/the competent authority is hereby directed to take action in accordance with the provisions of Sections 52 to 54 of the Motor Vehicles Act, 1988 for suspension and cancellation of the registration certificate of such vehicle.

(7) No vehicle would be permitted to have musical horn even on the cars.

(8) No vehicle shall be permitted to play the music at a higher pitch than it may be necessary to hear the music by the occupants of the car and would not exceed the prescribed standard.

(9) No vehicle would be permitted to ply on the road which does not have the functional silencer to prevent unnecessary noise resulting from the movement of the car.

(10) All the State Governments, Public Sectors, private buses, trucks shall be issued a certificate of fitness in relation to pollution standard every six months. This certificate shall be signed by the competent authority authorised in this regard by the State administration. It is made clear that as and when any vehicle comes to the workshop for repairs the certificate shall be countersigned again to ensure maintenance of prescribed standard of smoke emanation from the vehicle.

(11) In one of the reports submitted by the Committee it was mentioned that even a new vehicle released from the dealer, was not adhering to the prescribed parameters of pollution. It is directed that all the Dealers and Manufacturers selling their vehicles in the State of Punjab, Haryana and Chandigarh shall ensure that all vehicles are duly certified and carry a certificate of fitness before they are sold to any customer.

(12) The concerned departments of the Governments and the High Power Committee constituted as aforestated under this judgment shall ensure taking of petrol samples from all the Petrol Pumps operating in the territorial jurisdiction of this Court from time to time to ensure that no adulterated fuel/petrol is sold by any person.

(13) The States are directed to frame such rules in furtherance to the provisions of Section 59 of the Act to fix the age of vehicles. However, it will be appropriate to supplement such legislation by condition of the car/vehicle at the relevant time. We would not like to enter into this legislative field and would leave it for the concerned authority to consider this matter.

(14) During the course of arguments a question was raised in regard to fixation of rate for checking of pollution of the vehicle by the pollution of the vehicle by the pollution points established in Chandigarh. In this regard, we direct that all pollution check points shall collectively approach the Chandigarh Administration for increase of such rates and provide such rate as they may consider necessary within one month from the date of pronouncement of this judgment. The concerned authorities/State Government of Haryana shall provide pollution check points on the main G.T. Road, where Haryana boundary begins in District Sonepat. This check point shall ensure that smoke emanated by all the vehicles entering the State, is not in excess of the prescribed parameters.

We may also mention here that in the case of Suman Deol v. Union of India, 1993(4) Apex Decisions (Delhi) 981, a Division Bench of Delhi High Court had imposed various conditions with regard to regulating the traffic problems in Delhi and to control air pollution problem caused by vehicular traffic. The judgment of the Division Bench dated 26.11.1993 was assailed before the Hon''ble Supreme Court of India. Except with the variation in condition No. 10 where plying of the vehicle was prohibited totally in the event of commission of offence, all other conditions imposed were upheld by the Hon''ble Supreme Court of India in S.L.P. (s) (Civil) No. 539890/94 titled as Darshan Singh v. Union of India.

GENERAL DIRECTIONS :

(a) All the directions issued by virtue of interim orders as afore stated, immediate, short term and long term directions issued by the Court shall be strictly adhered to by all concerned. Any violation thereof by any authority shall entail serious proceedings under the Contempt of Courts Act, 1971.

(b) The High Power Committee appointed by this Court vide its order dated 1.8.1997 shall continue to function and ensure the compliance of the directions issued under this judgment. However, in this Committee an officer not below the rank of an Assistant Inspector General of Police shall be nominated by the Director General of Police of the respective States and U.T. Chandigarh by rotation between three States. This Committee shall be responsible for effective implementation of the directions issued under this judgment and would have the liberty to approach the Court in the event of any direction of the Court is violated or is not intentionally implemented in its spirit and substance, for appropriate action. It is made clear that the members of the High Power Committee have been appointed on the basis of the designation of their post which is being held by them at present and as such as and when the said members are transferred the next officer taking over charge from that member would be deemed to be the member appointed by this Court to this Committee.

(c) The High Court Committee constituted under this judgment shall have the power to appoint raiding parties in every district of the States of Punjab, Haryana and Union Territory, Chandigarh. Such raiding party shall consist of such number of officers as the Committee may deem fit but not in excess of three persons to be headed by a Sub Divisional Magistrate of the respective district/Sub Division. The raiding party in turn shall ensure the implementation of directions and would submit its report to the High Power Committee at least once in two months. The report shall give complete particulars as per the directions of the Court contained in this judgment.

(d) The expenses incurred in regard to the implementation of directions, constitution of Committee, raiding parties and all other matters therefrom or connected therewith, shall be borne by the three States as aforeindicated, in equal share.

(e) The Chandigarh Administration shall be entitled to get the staff on deputation from the two States in addition to using its own staff in the same ratio. However, if it is so agreed and considered by the High Power Committee, the Chandigarh Administration may recruit and appoint its own staff at various levels in this regard and would ensure that expenses are shared in the prescribed ratio by the States of Punjab, Haryana and Chandigarh Administration. Needful in this regard shall be positively done by the respective government departments within one month from today.

(f) It shall be ensured that mobile vans meant for random checking of pollution of vehicles should work more effectively.

(g) It was conceded before us that the Traffic Police and the concerned authority are required to punch the licence of the licence holder in the event of his/her committing a traffic offence. However, it was also conceded that this not being followed by any authority, enforcement agency and even courts.

It is hereby directed that for each traffic offence the traffic police and the enforcing agency shall ensure the punching of the licence. Under the rules if a licence is punched five times the licence is liable to be cancelled and the licence holder is not entitled to renewal thereof. As the punishments prescribed under the Motor Vehicles Act are of very mild nature, therefore we are of the considered view that this condition of punching licence must be enforced sincerely and vigorously. The High Power Committee shall call for a report especially in this regard and if necessary also call for production of the requisite licences which are stated to have been punched for commission of traffic offences.

(h) We also consider it necessary to direct that the times have come when the Courts must check with seriousness the traffic offences and especially the traffic offences committed for the second time. We have no doubt in our mind that all Courts concerned and the authorities concerned would strictly enforce the existing penal provision keeping the gravity of the situation in mind.

(i) As this matter is of general public importance we hereby grant liberty to every person to bring to the notice of this Court the violation of any or all the directions as the case may be, by any concerned authority or person, for taking action in accordance with law.

(j) We further direct that if any authority, association, person or government wishes to suggest any amendment to the directions issued by this Court in this judgment it is at liberty to put forward such suggestions or difficulties before the High Power Committee by filing an appropriate application. In the event of such application behind filed, the Committee shall forward the application so filed to the Registrar of this Court with its recommendations (if favourable) and the learned Registrar may place the matter before the Court in accordance with the rules. It is made clear that under no circumstances any person or authority shall be entitled to violate or not implement any of the directions contained in this judgment without specific orders of this Court.

(k) All the concerned authorities and the State Governments are hereby directed to provide requisite force and manpower to ensure implementation of these directions in view of the above terms which in fact were even agreed by the learned counsel appearing for the parties, upon instructions.

(l) All concerned parties, enforcement agencies including the traffic police, raiding parties and State Transport Officers shall be answerable to the High Power Committee appointed under this judgment in regard to compliance and implementation of the directions contained in this judgment. If the directions are violated by any official authority, enforcing agency of any government or private obstructs the implementation of these directions in any manner whatsoever, he shall be liable to be proceeded against in accordance with law for violating the orders of the Court. If any officer of the government department is even believed to have acted or functioned in an irresponsible manner or if there is complaint by general public about the mal functioning, more particularly, adoption of malpractices while implementing or enforcing these directions, the High Power Committee shall consider all such cases in its meeting. If upon due consideration of the matter and affording the person concerned an opportunity of hearing, the committee shall recommend appropriate action to the department to which such official/officer belongs. The State Government/disciplinary authorities shall be obliged to take action on the recommendations of the Committee in accordance with rules and regulations applicable to the said officer/officials.

(m) The State Governments and the Union Territory of Chandigarh shall be obliged to implement the recommendations of the Committee and more particularly the recommendations contained in the report of the Centre for Research and Planing in Highway and Transportation System, report of the High Power Committee dated 18.7.1997, 20.8.1997 and the final report. Notwithstanding anything contained in any of these recommendations of the Committee the directions specified in this judgment shall be implemented and enforced in precedents. To the extent of conflict of recommendations of the Committees would be deemed to have been deleted and/or diluted to that extent and as the case may be.

(n) All the directions issued shall be implemented without error by all concerned States/Union Territory. The directions contained in this judgment under the heads "Immediate Directions, short term directions and directions in regard to Schools" shall be implemented within the prescribed period and if no period is specified then within one month from the date of the pronouncement of this judgment, by the States of Punjab and Haryana and Union Territory Chandigarh. While short term directions issued in this judgment shall be implemented in Chandigarh within the prescribed period, but would be implemented in the States of Punjab and Haryana preferably within the prescribed period but in any case not later than a year from the date of pronouncement of this judgment. Long term directions shall be implemented by the States of Punjab and Haryana and Union Territory Chandigarh in due course and at the priority given by the States for implementation of such directions, but not later than three years from today. In the event of exceptional, compelling and inevitable circumstances, liberty to all concerned to move for extension of time.

The Chandigarh Administration and Governments of States of Punjab and Haryana and all the concerned authorities are directed to give due publicity and circulate this judgment to all the concerned officers within 15 days of the pronouncement of this judgment. After which action against the erring persons would be taken in accordance with the directions contained in this judgment. But the immediate directions shall be implemented forthwith.

With the above directions and limited by the reservations contained in this judgment, this writ petition is finally disposed of.

A copy of this judgment shall be given to the counsel for the parties and more particularly State counsel dasti.