Decided On 17.3.202 vs State Of Himachal Pradesh And Ors
2021 Latest Caselaw 2178 HP

         IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                              CWP No. 1562 of 2021
                                              Decided on 17.3.2021
    Satish Vij                                                          ....Petitioner.




                                                                          .

                      Versus

    State of Himachal Pradesh and ors.                                 ... Respondents.
    ................................................................................................





    Coram

    The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
    The Hon'ble Mr. Justice Chander Bhusan Barowalia, Judge.





    Whether approved for reporting?1

    For the petitioner   r       :    Mr. Sumeet Raj Sharma, Advocate.

    For respondents              :    Mr. Ashok Sharma, Advocate General with

                                      Mr. R.S. Dogra, Sr. Additional Advocate
                                      General and Mr. R.P. Singh, Dy. Advocate
                                      General.

    Tarlok Singh Chauhan, J.(Oral)

The instant petition has been filed for grant of

following substantive reliefs:

(1) Direct respondents No. 2 and 3 to ensure removal of

vehicles parked on the road side and upon the drain on

the Circular Road from Old ISBT to Sanjauli via Chotta

Shimla and from Sanjauli to Old ISBT via Lakkar

Bazar/Tara Hall;

(2) Direct respondents No. 1 and 4 to ensure and provide

hindrance free site to the petitioner/Contractor from Old

ISBT to Sanjauli via Chotta Shimla and from Sanjauli to

Old ISBT via Lakkar Bazar/Tara Hall from completion of

the work.

Whether reporters of the local papers may be allowed to see the judgment?

2. Learned Senior Additional Advocate General has placed

on record instructions received from the Superintendent of Police,

Shimla,which read as under:

.

"1. That District Police is committed to resolve the traffic related problems. In this regard, about 200 police personnel have been deployed to curb the traffic jam in such a manner that about 90

police personnel remain present at a time. Moreover, total 21 numbers of motorcycles and 03 numbers of cranes have been attached with traffic police to curb each and every obstruction/congestion.

2. That motorcycles riders have been deputed at beat level headed by

NGO Grade-I or Grade-II having direct supervision of the Incharge Traffic Wing, Shimla and the Deputy Superintendent of Police (Traffic), Shimla.

3. That there are lots of junctions in the Shimla town and many of

them have entry or exit points almost opposite to the traffic flow which create hindrance to free traffic flow. The jawans have been

deployed in each and every junction to avoid unnecessary uphazarred/untoward incident.

4. That in the year 2021 till date, 14957 challans have been done so far for ideal/unauthorized parking in and around Shimla City.

5. that in the year 2021, total 180 vehicles have been towed away so far which were causing hindrance to traffic flow.

6. That all SHOs, I/C Police Posts and I/C Traffic Wing have been directed to ensure that no unauthorized parking shall be allowed on

the road particularly where work for the construction/improvement is being carried out at Circular Road, Shimla."

3. In view of the instructions issued by the Superintendent

of Police, Shimla, we deem it appropriate to dispose of the petition, by

directing the Superintendent of Police, Shimla to ensure that the

instructions, as have been imparted to this Court, be complied with in

its letter and spirit.

4. In addition to the aforesaid, it shall always be open to the

petitioner to bring to the notice of respondents case(s) of obstruction

or unauthorized parking and the same shall be attended to by the

respondents promptly without any undue delay and consequential

action be taken within one hour on receipt of such complaint. In case

.

any person found violating the orders of the Court shall be liable to be

punished under the Contempt of Courts.

Pending application(s), if any, also stand(s) disposed of.

Copy dasti.

                         r           to          (Tarlok Singh Chauhan)
                                                         Judge

                                                (Chander Bhusan Barowalia)

                                                        Judge
    17th March, 2021
         (raman/Guleria)