Court Issues Time-Bound Directives for Enhanced Urban Infrastructure and Traffic Safety Measures
In a landmark decision, the Jharkhand High Court has issued a comprehensive set of directives aimed at resolving the chaotic traffic situation in Hazaribagh. The directives, issued in response to a Public Interest Litigation (PIL) filed by petitioner Achyut Swaroop Mishra, underscore the fundamental rights to a dignified and safe urban life as enshrined under Articles 21 and 19(1)(d) of the Indian Constitution.
The bench, comprising Chief Justice M.S. Sonak and Justice Rajesh Shankar, emphasized that the right to clean, dignified, and reasonably safe urban life is integral to the right to life under Article 21. The court highlighted the freedom of movement for pedestrians, motorists, and commuters as protected under Article 19(1)(d), and criticized the respondent authorities for failing to discharge their statutory and constitutional obligations.
Citing a lack of coordination and financial management among the municipal and police authorities, the court ordered the implementation of a slew of measures, including the installation of an Automated Traffic Light Management System at twenty major intersections, enhanced CCTV integration, and increased deployment and training of traffic personnel. The authorities were also directed to regulate parking, designate vending and non-vending zones, and remove encroachments from footpaths.
The court was particularly critical of the blame game between the police and municipal authorities, which had resulted in inadequate responses to the traffic chaos. It ordered the formation of a joint monitoring team and mandated personal compliance affidavits from the Deputy Commissioner, Superintendent of Police, and Municipal Commissioner.
The Municipal Corporation was instructed to complete the Automated Traffic Light Management System within six months, with a trial run in four months. The court also mandated the filing of an authenticated map of parking spaces and the enforcement of silence zones around sensitive areas.
The judgment underscores the court's commitment to ensuring that urban infrastructure and traffic management align with constitutional mandates, thus safeguarding the fundamental rights of citizens.
Bottom Line :
Public Interest Litigation - Chaotic traffic management, encroachment on footpaths, non-functional CCTV/traffic signals, illegal parking and lack of inter-departmental coordination at Hazaribagh - Right to clean, dignified and reasonably safe urban life and right to walk on unencroached footpaths held integral to Articles 21 and 19(1)(d) - Financial stringency and administrative inconvenience cannot justify failure to discharge statutory and constitutional duties - Detailed time-bound directions issued to Municipal Commissioner, Deputy Commissioner and Superintendent of Police for automated traffic light system, CCTV integration, deployment and training of traffic personnel, parking regulation, vending/non-vending zones, removal of encroachments, silence zones and bus terminal relocation.
Statutory provision(s): Articles 21, 19(1)(d) of the Constitution of India, Motor Vehicles Act, 1988, Jharkhand Municipal Act, 2012, Noise Pollution (Regulation and Control) Rules, 2000, Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.
Achyut Swaroop Mishra v. State of Jharkhand, (Jharkhand)(DB) : Law Finder Doc id # 2988753
