Harshit Sharma | Amity Law School, Madhya Pradesh | 27th January 2020
Court on its own Motion V/s. Chandigarh Administration & Ors. CWP-PIL No. 78/2019
FACTS OF THE CASE
- While taking suo moto cognizance of the matter pertaining to the condition of roads in the Chandigarh Union Territory and misuse of cycle tracks/ pedestrian paths, the Hon’ble High Court has directed its registry to take this matter as PIL and appointed Ms. Reeta Kohli as Amicus Curaie to assist the court.
- In this respect, the Court called representation in person and on affidavit from various departments of Chandigarh Administration, relating to new projects, maintenance work progress etc.
ISSUES RAISED
- Whether citizen has right to approach the court for his deprivation of Right to Access Good Roads and whether it is a fundamental right recognised by the Indian Constitution?
RULING OF THE COURT/ THE COURT HELD THAT
While recognising the right to use the roads to be maintained by the Municipal Body/ Municipal Corporation and State Agencies, the Court observed the following findings:
- The access to roads is a Fundamental Right as their Lordships of Hon’ble the Supreme Court of India has opined in the case of State of Himachal Pradesh vs Umed Ram Sharma and others 1986 (2) SCC 68.
- “We have also taken judicial notice of the conditions of the roads, including major roads in the City of Chandigarh as well as of tertiary roads connecting the major roads. There are pot holes in the roads. Every citizen has a fundamental right to use the roads to be maintained by the Municipal body/ Municipal Corporation and State agencies.”
- “We appreciate the earnest efforts made by Union Territory, Chandigarh, in construction of cycle tracks. However, all over the world, all the tracks are well lighted. Consequently, there shall be a direction to the UT Administration to provide lighting on all the cycle tracks throughout Chandigarh within six months subject to availability of funds. In any case, lighting in phases shall start within three months.”
- “We also highlight that the school buses shall also be given preference, on the analogy of ambulance and fire tenders, in larger public interest. The UT Administration is directed to ensure that seats in the school buses plying within the territorial jurisdiction of Chandigarh are fitted with seat belts within a period of six months from today. The Secretary Education, Chandigarh Administration, is directed to convene a meeting with all the stakeholders, i.e. Heads of all the educational institutions in and around Chandigarh, regarding the installation of seat belts in school buses.”
- “We also take judicial notice of the fact that students including toddlers are ferried across to their schools in Three Wheelers/ Auto Rickshaws. These are overcrowded. It puts the lives of the students at risk. There is every possibility of a child falling from the overcrowded auto rickshaw. It is the duty of all of us to ensure that the students, more particularly those in 1st to 5th Standard are protected by ensuring that the journey from their homes to school should be without any risk or peril.”
- “Accordingly, henceforth we ban carrying of more than four students in an auto rickshaw from their house to school. The Senior Superintendent of Police, Security and Traffic, Union Territory, Chandigarh, is to ensure the due compliance of the order. On the auto rickshaws, it shall be prominently displayed that the school children are being carried in the auto rickshaws.
We permit every citizen in Chandigarh to take photographs of the auto rickshaw carrying more than four students to the schools and send the same to the Registrar General of this Court for taking action against the defaulters.” “We also make it clear that certain norms be observed while there is VVIP movement in the city. We hope and trust that the administration would ensure that in that eventuality the ambulances and school buses are given preference and they are not unnecessarily made to wait in the traffic jam.”
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