The Supreme Court in, V.K. MITTAL & ANR. v. UNION OF INDIA & ORS., appointed a committee and directed them to draft a comprehensive plan for traffic management to deal with Ghaziabad Kaushambi traffic issue.
The Petition
The President of the Kaushambi Apartments Resident Welfare Association and Ashapushp Vihar Awas Vikas Samiti Ltd approached the Apex Court seeking direction to be given to the authorities to solve several issues ranging from haphazard traffic management to environmental pollution and unrestricted dumping of municipal solid waste.
The petition states that due to the aforementioned issues the residents of the society have been suffering from several respiratory diseases which have adversely affected their fundamental rights. The Court, therefore, should intervene as the petition is bought under Article 32 of the Constitution and has affected the fundamental rights of the people.
Court’s Intervention
The Court stated that a wide array of issues have been raised by the Petitioners but the court decided to take up the issue of traffic management first.
The Relief were sought against following issues-
- Haphazard parking of three wheelers and other vehicles on public roads
- The absence of adequate spaces for the parking of public service vehicles
- The pollution which is generated by buses plied by the Uttar Pradesh State Road Transport Corporation
- Use of pressure horns by vehicles
- The total absence of implementation by the law enforcement machinery
The Court appreciated the intervention made by the National Green Tribunal with respect to the issue however it was stated that the situation on ground has not improved yet. The Court stated that a comprehensive traffic management plan has to be drawn up to deal with the situation. This will be in addition to the directions issued by the NGT.
The Court also noted that the issue is not specific to Ghaziabad and Kaushambi but it extends to whole of NCR. The Court, at the outset stated that it was imperative that a comprehensive traffic management plan is drawn up and presented before the court. For the said purpose a 9 member committee was formed of people including,Divisional Commissioner, Meerut; Chairperson, Ghaziabad Development Authority; Municipal Commissioner, Ghaziabad Nagar Nigam; District Magistrate, Ghaziabad; The Chairperson of UPSRTC; Senior Superintendent of Police, Ghaziabad; Municipal Commissioner, East Delhi Municipal Corporation; A senior officer to be nominated by the Commissioner of Police; and The Transport Secretary of the Government of NCT of Delhi.
Case Details
Writ Petition(s)(Civil) No(s). 1072/2020
Coram- HON'BLE DR. JUSTICE D.Y. CHANDRACHUD, HON'BLE MR. JUSTICE M.R. SHAH and HON'BLE MR. JUSTICE SANJIV KHANNA
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