Effective Steps Taken By State Against Wrong-Side Driving & Illegal Parking In Ahmedabad, But Exercise Must Be Regular: Gujarat High Court

The Gujarat High Court on Wednesday (August 6) said that while the state authorities including the Ahmedabad Municipal Corporation (AMC) had been taking effective steps for curbing wrong-side driving, encroachment and illegal parking on public roads in the city, however the exercise undertaken is to be followed regularly. 

A division bench of Justice AS Supehia and Justice RT Vachchani were hearing a seeking contempt action for non-compliance of orders in a 2017 PIL on traffic issues and illegal parking on public roads in Ahmedabad.

The state authorities had in the earlier hearing informed the court that in previous seven days 24 vehicles have been impounded for wrong-side driving. 

After hearing the matter for some time the court in its order dictated:

"Since it is noticed by us that state authorities have been taking effective steps and regulating the traffic and also taking action against traffic violators, we are at this stage only hope and direct respondents to continue its efforts in curbing nuisance more particularly which are three in nature and are committed in direct defiance of directions of this court. One is wrong-side driving, second is illegal parking on roads and third is encroachment which are directly attributable to the clog in smooth traffic flow"

"It is further noted by us and recorded in earlier orders passed by this court, that the respondent authorities only wake up from slumber when the present matter is listed and only when court is compelled to issue further directions necessary exercise is being undertaken. The present exercise being undertaken on few roads of the city is to be followed regularly and not intermittently to see that directions issued by this court are fully complied with. The exercise undertaken presently cannot be made only subject to further orders passed by this court when matter this matter is listed," it added. 

The court noted that it has found that by now 70 orders have been passed and the present order is also one more order being added to the file.

"At one point of time the court was about to frame charges looking to lethargic and remissness on the part of the respondent authorities in implementing directions issued by this court...We have previously recorded in our order that the entire exercise undertaken and directions issued by division bench of this court is only to see welfare of citizens and present proceedings cant be treated as adversarial" it said. 

During the hearing today the government pleader apprised the court about the details of the exercise undertaken by the authorities in addressing the court's directions on the issue. 

"We find that respondent authorities have substantially during the past one week and before that, have been regularly undertaking the necessary exercise for curbing the nuisance of wrong-side driving, illegal encroachment and also illegal parking," the court noted while dictating its order. 

The government pleader submitted that as per the seven zones of Ahmedabad, the respondent authorities have identified various interconnecting roads and necessary actions have been taken against illegally parked vehicles on public roads and they are penalized also.

He submitted that to see that the court's directions are implemented, the state authorities have also confiscated vehicles which are illegally parked and those plied on wrong side.

He submitted that encroachment removal drive by AMC is also undertaken; one such drive on a particular road in the city has given rise to litigation and filing of writ petition before the high court. 

"It is further assured by him that such exercise will be continued and directions of court will be implemented with much more rigours so that the perpetrators and offenders who ply on wrong side of the roads are punished," the court noted. 

Advocate Amit Panchal appearing for the petitioner at the outset invited the court's attention to the coordinate bench's directions in its 2018 judgment and submitted that infact the high court has in the judgment has directed that incase directions are not complied with, the concerned police officer manning the particular junction is also to be held responsible and appropriate action is required to be taken.

While pointing to Supreme Court's judgment in V. Senthur and another versus M. Vijayakumar IAS and others (2022), Panchal submitted that the high court cannot travel beyond the original judgment and directions and it is not permissible for the court to issue any supplementary or incidental directions which are not found in original order and judgment.

He submitted that apart from the present contempt plea, a coordinate bench in suo-motu writ PIL is also examining issue of improving conditions of road and traffic management.

Meanwhile senior advocate Bhaskar Tanna appointed as amicus curiae in the matter submitted that effective traffic management can be done by the help of technology and institutes such as IIM, ISRO, School of Architecture which can focus on economics, use satellite imagery to analyze traffic patterns and suggest design of infrastructures in public spaces. 

He submitted that in Ahmedabad, already AI-powered system has been implemented and cameras and drones are also used for monitoring real time traffic.

He submitted that he "does not doubt the efforts being made by state authorities" in implementing court's directions, however his endeavour is to see that with help of technology traffic can be more effectively managed and perpetrators can be dealt with strictly in law.

The court thereafter in its order said, 

"We welcome the suggestions, however the issue would still remain if this court can give additional directions to the authorities in implementing the suggestions, over and above the directions of the division bench for which compliance is sought in present contempt petition. In our considered opinion the state government in its wisdom can always adopt such suggestions if it is required to see that the directions issued by court are implemented. However this court cannot compel in present proceedings, the state government and issue further directions for implementing suggestions and appropriate directions can be issued in PIL petition". 

The bench said that by issuing additional directions, the court would be travelling beyond its  jurisdiction while examining the contempt proceedings.

It said that it is in the "absolute domain and discretion" of the respondent authorities to adopt various methods or adopt technology in order to see that directions issued by division bench in its judgment from which contempt emanates are implemented.

In order to see further implementation by authorities the court listed the matter on August 13. 

Case title: MUSTAK HUSSAIN MEHNDI HUSSAIN KADRI vs JAGADIP NARAYAN SINGH, IAS & ANR.