Jammu MARCH-03-2023: In a PIL filed by resident of Bharat Nagar seeking direction to the concerned authorities for prevention of commercial vehicles plying in residential areas even in late night which disturb peaceful environment of the householders living near the public roads, A Division Bench of Jammu & Kashmir and Ladakh High Court Comprising Chief Justice N.Kotiswar Singh and Justice Sanjeev Kumar after hearing both the sides, closed the PIL with the direction to the petitioners to approach the concerned Deputy Commissioner with detail materials to show the violation of this Court’s directions and non-observance by the commercial vehicle for which the Deputy Commissioner after making necessary verification in this regard will direct the concerned persons/authorities for compliance of the Court directions in letter and spirit as referred to above and also take necessary legal action.
When the PIL came-up for hearing, DB observed that the primary relief claimed in this PIL is to issue direction to the concerned authorities for prevention of commercial vehicles plying in residential areas even in late night which disturb peaceful environment of the householders living near the public roads.
During the course of hearing, DB observed that it has been brought before us that similar issue was considered by this Court in OWP No. 458/2003, wherein an order was passed by this Court on 27.10.2005 issuing a slew of directions, including the following direction which would take care of this PIL also, which we find at para 7 of order dated 27.10.2005, which is reproduced herein below that the Transport Commissioner and IG Traffic are also directed to take all required steps to stop entry of all trucks and medium load carriers into the cities of Srinagar and Jammu from 8 a.m. to 8p.m. during winter and 7 a.m. to 9 p.m. during summer. They shall also take all necessary steps for closure of all unauthorized parking places in the two cities which are not notified by the Transport Commissioner.
Thus, Transport Commissioner and IG Traffic were directed to take all required steps to stop entry of all trucks and medium load carriers into the cities of Jammu and Srinagar between 8 a.m. to 8 p.m. in winter and between 7 a.m. to 9 p.m. during summer. They were also directed to take all necessary steps for closure of all unauthorized parking places in the two cities which are not notified by the Transport Commissioner.
4. It has been submitted by Ms. Monika Kohli, learned Sr. AAG that in pursuance of the directions issued by this Court, necessary instructions have been issued by the concerned authorities and the aforesaid directions of this Court have been complied with, as such, the relief claimed by the petitioners in this PIL can be said to have been satisfied. Copy of the order dated 27.10.2005 passed on by Ms. Kohli is taken on record.
DB reiterate the aforesaid directions issued earlier to be complied with by the authorities in letter and spirit so that peaceful environment of the residential areas is not disturbed.
Adv Raghav Sawhney, appearing for the petitioners, however, submits that inspite of such directions being issued, the lane in front of his house is being used by commercial vehicles. He has also drawn our attention to certain documents in support of his claim of non-observance of the directions issued by this Court by the Commercial vehicles and submits that the authorities are bound to take necessary action against them. In this regard, the petitioners would be at liberty to approach the concerned Deputy Commissioner with detail materials to show the violation of this Court’s directions and non-observance by the commercial vehicle for which the Deputy Commissioner after making necessary verification in this regard will direct the concerned persons/authorities for compliance of the Court directions in letter and spirit as referred to above and also take necessary legal action. JNF