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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
JUDGMENT
(1) D.B. PIL PETITION NO.5383/2011
ASHOK SWAMI Vs. THE STATE OF RAJASTHAN & ORS.
&
(2) D.B. CIVIL SPECIAL APPEAL(WRIT) NO.720/1997
IN
S.B. CIVIL WRIT PETITION NO.4603/1996
THE STATE OF RAJASTHAN & ORS. Vs. VIRENDRA DANGI
DATE OF JUDGMENT :: 28.11.2011
HON'BLE THE CHIEF JUSTICE MR. ARUN MISHRA
HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN-I
Mr. R.D. Rastogi,
Mr. Prahlad Sharma,
Mr. R.K. Mathur, Senior Counsel assisted by
Mr. Jai Raj Tantia, for the petitioners.
Mr. R.P. Singh, AAG (Senior Counsel) assisted by
Mr. Shashikant Saini,
Mr. R.B. Mathur,
Mr. N.L. Agarwal
Mr. G.K. Garg, Senior Counsel assisted by
Mr. Yash Sharma,
Mr. Akhil Simlote and
Mr. Anand Singh Rajawat, for the respondents.
Mr. S.S. Raghav, Assistant Solicit General for U.O.I.
Mr. Virendra Dangi, respondent in connected Special Appeal, present in person.
****
BY THE COURT:(PER HON'BLE JAIN, J.)
Petitioner Ashok Swami has preferred D.B. Public Interest Litigation Petition No.5383/2011 with a prayer that respondents may be directed to turn the traffic of heavy vehicles through B-2 Bye Pass and further not to allow heavy vehicles through Sanganer Town.
2. It is averred in the writ petition that this Court vide judgment dated 11.10.1996, in S.B. Civil Writ Petition Nos.5532/1992 and 4603/1996, directed the respondents that entry of heavy vehicles through existing Gopalpura Bye Pass will not be utilised by heavy vehicles and to turn them to New Sanganer Road. The Sanganer Road shall be utilised from New Sanganer Road to Ajmer Road and Ajmer Road to New Sanganer Road vice versa by heavy vehicles. In compliance of above judgment, traffic was started according to direction, but looking to the problem to general public of Sanganer Town, the Hon'ble Single Bench kept the said order in abeyance for a period of six months on 13.10.1996.
3. It was further averred that an alternative road was constructed from Tonk Road and E.P. Road and Shipra Path and Dwarka Das Path and New Sanganer Road Junction (known as 'B-2 Bye Pass'). An information was sought under the provisions of 'Right to Information Act' from the respondents by one Mr. Madan Mohan Sharma, resident of Sanganer Town, regarding purpose of construction of B-2 Bye Pass and for not diverting heavy traffic through it and it was informed that due to heavy traffic problems B-2 Bye Pass was constructed, but heavy vehicles are not allowed through B-2 Bye Pass due to order of the State Government dated 30.06.2009, which is placed on record.
4. It was also averred that due to entry of heavy vehicles through Sanganer Town, several accidents have occurred and day to day it is increasing. Some news papers cuttings were also enclosed. It was also averred that at present heavy traffic of heavy vehicles is continuing in the populated area despite the fact that after spending huge amount B-2 Bye Pass road was constructed by the State Government. The residents of Sanganer Town have submitted various representations to the Hon'ble Chief Minister, Hon'ble Minister of Local Self Government and District Collector, Jaipur, but no action has been taken. Copies of representations, submitted by the residents of Sanganer Town through an organisation Manav Mitra Mandal, have been enclosed with the writ petition. A news item dated 13.03.2010 has also been placed on record to show that Member of Legislative Assembly also demanded to turn the traffic of heavy vehicles through B-2 Bye Pass.
5. Respondent Nos.1 and 2 have filed their reply to writ petition, wherein it is submitted by them that portion connecting Ashram Tonk Road to Mansarovar forming part of B-2 Bye Pass was initially shown in the Master Plan, 1977 and the road commenced from Entertainment Paradise to Dwarka Das Marg, New Sanganer Road, Kisan Dharam Kanta and join Ajmer Road on the alignment A-1, B-1, C, D, E, as shown in the map (Annexure-R-1/1). Despite aforesaid planning, the portion linking Tonk Road to Shipra Path, Mansarovar(A-1 to B-1) could not be constructed since this portion lay in the land of Agriculture Research Centre, Durgapura. It was after tortuous negotiations that the Agriculture Research Centre handed over the land for construction of the road in the year 2009 and the portion (A-1 to B-1) was constructed in the year 2010.
6. It was also submitted in reply that portion of B-2 Bye Pass, which passes through Shipra Path to New Sanganer Road is also surrounded by the residential colonies, developed by Rajasthan Housing Board and the residents thereof made a representation to the Hon'ble Minister and thereafter order dated 30.06.2009 was issued. It was also submitted that as things stand today, the traffic coming from Kota on Tonk Road passes through Sanganer(AB) and proceeds on to New Sanganer Road(CD) and join at Ajmer Road(E). The traffic coming from Agra comes via Goner Road(PQ) and goes towards Jawahar Circle(R,A-1) turns towards Jaipur City on Tonk Road, using Gopalpura Bye Pass and joins Ajmer Road. Some traffic from Agra Road coming on Goner Road also goes towards Jhalana and goes via Bhaskar over bridge to Gopalpura Bye Pass. It was also stated that A-1, B-1 is a wide road, on which traffic moves at considerable speed due to which the portion B1C i.e. Dwarka Das Marg becomes vulnerable and prone to accidents. The State Government has, therefore, taken up case with the Government of India to construct an elevated road B-1 to C. In this context, a letter was also addressed to the Ministry of Urban Development, Government of India on 22.06.2010 dealing with the BRTS Project in Jaipur City, wherein para 5(II), 1.1 km elevated road B-1, C has been proposed.
7. In addition to above facts, it is also stated in the reply by respondent Nos.1 and 2 that besides aforesaid, there is a proposal of construction of a Ring Road connecting Agra Road to Ajmer Road. The traffic of B-1, C portion of B-2 Bye Pass has not commenced due to apprehension of accidents in view of thickly populated residential colonies of Rajasthan Housing Board on both sides of Dwarka Das Marg.
8. Respondent No.3, the Jaipur Development Authority, in its reply has stated that decision dated 30.06.2009 has been taken in accordance with law, there is no public interest involved in the writ petition and decision with regard to diversion of traffic has been taken in the interest of public at large. Heavy vehicles have been closed from this B-2 Bye Pass from 30.06.2009, representations have been received not only from the citizens of Sanganer Town, but also from the residents of Mansarovar area, in which they have stated that heavy vehicles should not be permitted on B-2 Bye Pass. Therefore, at present heavy vehicles are not permitted to ply on B-2 Bye Pass and construction of an elevated road is under consideration and then only it is proposed that heavy vehicles may ply.
9. Respondent No.4, the Rajasthan State Pollution Board, Jaipur, in its separate reply, has stated that it has been assigned the task of prevention, control and abatement of air pollution under the provisions of 'The Air(Prevention and Control of Pollution) Act, 1981'. The officials of answering respondents have collected samples of ambient air from the site near Madan Medical and General Store, Sanganer Road, near Ashoka Trading after Sanganer Pulia, near Chouradia Petrom Pump, Sanganer Road Tiraha, Jaipur and before New Sanganer Road Pulia, on 11.08.2011 and 12.08.2011 and got them analyzed in the State Board Laboratory. Results of analysis of the samples of ambient air are given in the table below:-
S. No. Standards Near Madan Medical Store Near Ashoka Trading Near Chouradia Petrol Pump Before New Sanganer Road Pulia 1 Respirable Suspended Particulate Matter ?g/m3 (Limit 100 ?g/m3) 247 474 372 279 2 Sulphur Dioxide SO2 ?g/m3 (Limit 80 ?g/m3) 11.32 17.35 18.72 20.64 3 Oxides of Nitrogen NOx ?g/m3 (Limit 80 ?g/m3 35.96 46.21 47.96 48.74 4 Suspended Particulate Matter ?g/m3 (Limit 200 ?g/m3) 2331 1121 2217 1508
10. It is also stated that as per results of analysis mentioned above, it would reveal that Respirable Suspended Particulate Matter and Suspended Particulate Matter, in the ambient air, at the locations indicated in the table, are beyond limits prescribed under Schedule VII of the Environment(Protection) Rules, 1986. Upon analysis, the levels of Sulphur Dioxide and Oxides of Nitrogen, have, however, been found to be within the prescribed limits. The respondent also carried out monitoring of levels of noise at the aforesaid four different locations in the Sanganer Town on 11.08.2011 and 12.08.2011. The levels of noise at these locations have been observed to be in excess of the standard prescribed under the Noise Pollution(Regulations and Control) Rules, 2000. Levels of noise observed during monitoring, are given in table below:-
S. No. Standards Near Madan Medical Store Near Ashoka Trading Near Chouradia Petrol Pump Before New Sanganer Road Pulia 1 Noise Level in Day Time dB(A) Leq (Limit 65 dB(A) Leq) 81.2 78.2 80.9 77.5
11. Respondent No.5, Superintendent of Police, Traffic Police, Jaipur, in its separate reply, has stated that Superintendent of Police Traffic, Jaipur wrote a letter to Secretary, Jaipur Development Authority on 27.09.2010 that for proper management of traffic of vehicles and to make it easy, traffic be passed through B-2 Bye Pass. Such letter dated 08.11.2010 was also sent by the Deputy Superintendent of Police Traffic(East), Jaipur City to Superintendent of Police Traffic, Jaipur City, wherein it was requested that traffic of Sanganer Town be diverted to B-2 Bye Pass. It is also stated that for proper management of traffic of this area, it is necessary to open the traffic of heavy vehicles through B-2 Bye Pass. The Deputy Commissioner of Police also wrote a letter in this regard to the Commissioner of Jaipur Development Authority on 09.03.2011 to have construction of service lane on both sides of B-2 Bye Pass, having fencing on the service lanes and the heavy vehicles be passed through this B-2 Bye Pass. Similarly, Commissioner of Police, Jaipur also wrote a letter to the Principal Secretary, Urban Development Department, Rajasthan, Jaipur on 15.03.2011 for construction of service lanes with fencing on B-2 Bye Pass.
12. Learned counsel for petitioner submitted that as per information made available by the State Government under the provisions of 'Right to Information Act', it has been informed by the respondents that purpose of constructing B-2 Bye Pass was to meet with heavy traffic problems in Jaipur, and reason for not diverting heavy vehicles on this newly constructed B-2 Bye Pass is the order dated 30.06.2009. He further submitted that as per his information, about a sum of Rs. 40 crores have been spent on construction of B-2 Bye Pass and the purpose was to stop entry of heavy vehicles from Sanganer Town as well as Gopalpura Bye Pass. The width of B-2 Bye Pass is much higher (approximately 200 feet) and there is no reason for respondents for not allowing the heavy vehicles through B-2 Bye Pass, as it has been constructed for it only. He also submitted that in 1996, the learned Single Bench of this Court directed the respondents to stop entry of heavy vehicles from Gopalpura Bye Pass and to divert the same from Sanganer Town, however, looking to thickly populated area of Sanganer Town, order was stayed. However, the State Government thought it proper to construct an alternative bye pass for heavy traffic and spent a huge amount and now alternative bye pass known as 'B-2 Bye Pass' is ready since January, 2010, which has been constructed only for heavy traffic, as informed by the State Government under the provisions of Right to Information Act. Heavy vehicles on B-2 Bye Pass have not been allowed only because of one order dated 30.06.2009, which is absolutely illegal and without jurisdiction and contrary to public interest, therefore, respondents may be directed to divert all the heavy vehicles from B-2 Bye Pass and stop entry of heavy vehicles from Sanganer Town.
13. Mr. R.P. Singh, learned Additional Advocate General has not disputed that B-2 Bye Pass Road was constructed for heavy vehicles and it is ready also, but at present only light vehicles are allowed to ply on it because of order of State Government dated 30.06.2009.
14. Learned counsel for intervenor submitted that there are residential colonies on both sides of B-2 Bye Pass Road, therefore, it will not be appropriate to issue directions, as prayed for, in the present writ petition.
15. We have considered the submissions of learned counsel for the parties and examined the pleadings and documents.
16. The present writ petition relates to passing of heavy traffic through Jaipur City. Earlier, when Jaipur was not expanded much outside the four walls of Jaipur City, then heavy vehicles were allowed to ply through Gopalpura Bye Pass, but for last about more than three decades, number of residential colonies were developed on both sides of Gopalpura Bye Pass and now it has become very thickly populated area. Number of accidents took place and number of persons died due to motor accidents. In 1992, a Public Interest Litigation Petition was filed, again in 1996 another Public Interest Litigation Petition was filed to shift Gopalpura Bye Pass to some other place, the same was examined and vide judgment dated 11.10.1996 passed in S.B. Civil Writ Petition Nos.5532/1992 and 4603/1996, the Single Bench of this Court directed that heavy vehicles will be stopped immediately from Gopalpura Bye Pass. Since there was no alternative bye pass, therefore, it was ordered that heavy vehicles be allowed from Sanganer Town. Since Sanganer Town was also old one and it was also thickly populated area at that time, therefore, the learned Single Bench itself stayed its own order for a period of six months. Although, order of Single Bench dated 11.10.1996 was challenged by the State of Rajasthan and others by filing intra Court appeal, wherein interim stay was also granted, but the matter was examined by the respondents and thereafter respondents decided for construction of a new bye pass for heavy vehicles, to be passed through Jaipur and for this purpose only, a bye pass known as 'B-2 Bye Pass' having width of 200 feet was got constructed by spending about Rs.33 crores on it. It appears that in the meantime, some residential colonies were also developed nearby B-2 Bye Pass and residents of these residential colonies, soon after completion of B-2 Bye Pass, made a representation and the State Government passed an order dated 30.06.2009, not to allow heavy vehicles through B-2 Bye Pass.
17. The matter was listed before this Court on 16.11.2011 and arguments were advanced by the learned counsel for respective parties. During the course of arguments, it was thought proper that issue involved in the present case for consideration arises as to from which road, the heavy vehicles traffic should be allowed to be bye passed. To take care of the situation, by the time alternative ring road or other road is constructed, the opinion of the Jaipur Traffic Control Board was thought to be necessary, which is constituted under Section 13 of the JDA Act. Therefore, the Board was directed to consider the matter and submit its report. The order dated 16.11.2011 passed by this Court is reproduced as under:-
The question which arises for consideration in this PIL petition is that whether traffic of heavy vehicles can be given entry on B-2 Bye pass, which has been constructed by the respondents by spending approximately a sum of Rs.33 crores. Earlier, the order was passed by the Single Bench of this Court. Upon this section of the road, which passes through Mansarovar, after it has been constructed, the heavy vehicles have not been permitted to ply so far. It is submitted by the petitioner that existing way of Gopulpura Bye pass is comparatively narrow, much congested and area is thickly populated, thus, it is not appropriate that heavy vehicles traffif should pass through Gopalpura Byepass. It is also submitted that the road at Sanganer, which leads to Sanganer town is also not appropriate for allowing the heavy vehicles traffic, as it is hazardous to the human life. It appears that though there was proposal to construct raised road also but that has not been fructified so far.
The problem arises as to from which road, the heavy vehicles traffic should pass. To take care of the situation, by the time alternative ring road or other road is constructed, the opinion of the Jaipur Traffic Control Board appears to be necessary, which is constituted under Section 13 of the JDA Act. Let the Board consider the matter and submit its report duly considering the previous resolutions, if any and give specific opinion whether heavy vehicles should be permitted to pass through B-2 Bye pass. It is also to give an opinion whether it is appropriate to permit the heavy vehicles traffic to pass through Gopalpura Byepass and Sanganer town and to suggest traffic arrangement of heavy vehicles alongwith timings.
As the matter is urgent, let the opinion be given by the Board within seven days.
List on 25.11.2011, as prayed.
18. For ready reference, Section 13 of the JDA Act is also reproduced as under:-
13. Establishment of Jaipur Traffic Control Board.- (1) As soon as may be after the Authority is established under sub-section [1] of section 3, the State Government shall, by order, constitute a Functional Board to be called as the 'Jaipur Traffic Control Board' under the Authority.
(2) The Jaipur Traffic Control Board shall consist of the following members, namely:-
(i) a Chairman who shall be the Jaipur Development Commissioner;
(i-a) Secretary, Jaipur Development Authority;
(ii) Transport Commissioner, Rajasthan;
(iii) General Manager, Rajasthan State Road Transport Corporation;
(iv) Chief Engineer, Public Works Department, Rajasthan;
(v) Chief Engineer, Public Health Engineering Department, Rajasthan;
(vi) Representative of the Rajasthan State Electricity Board, not below the rank of a Chief Engineer;
(vii) Director, Engineering of the Authority;
(viii) Director, Town Planning of the Authority;
(ix) Director, Finance of the Authority;
(x) District Magistrate, Jaipur;
(xi) Superintendent of Police, Jaipur;
(xii) Chairman/Administrator, Municipal Council, Jaipur; and
(xiii) to persons to be nominated by the Chairman of the Authority.
(3) The Jaipur Traffic Control Board shall exercise the following powers and perform the following duties, namely:-
(i) To prepare a Master Plan for traffic control in Jaipur City and to take steps in a phased manner for its implementation;
(ii) to take steps to modernise the traffic control system;
(iii) to lay down the policy for issuing traffic licences of light and heavy vehicles;
(iv) to determine policy for one way traffic, to impose restrictions for certain hours on certain kind of traffic on certain roads, to bar certain vehicles on certain roads, to determine parking places, stands, stops and cycle ways and other matters connected therewith;
(v) to lay down guidelines for raising sign-signals, barriers and speed breakers;
(vi) to grant permission to any person, Government Department (Central or State), any local authority or any other body to cut the roads for various purposes and to impose conditions thereof;
(vii) to demolish traffic hazards, obstacles and to determine compensation in such cases in accordance with regulations;
(viii) to solicit help of the citizens and associations of repute to advise and raise funds for traffic control and traffic educations in accordance with the rules;
(ix) to organise traffic education;
(x) to perform all other activities pertaining to the improvement and control of traffic and such other functions as may be directed by the Authority.
19. As per Section 13 of the Act, the Jaipur Traffic Control Board has been constituted. It is a statutory Board. As per sub-section(3) of Section 13 of the Act, Jaipur Traffic Control Board is empowered, amongst others, to prepare a Master Plan for traffic control in Jaipur City, to take steps to modernise the traffic control system, to determine policy to bar certain vehicles on certain roads and to perform all other activities pertaining to the improvement and control of traffic. In fact, this Board is responsible and competent Board to determine policy to bar certain vehicles on certain roads and to act for improvement and control of traffic in Jaipur City.
20. As per direction of this Court dated 16.11.2011 referred above, the Traffic Control Board, constituted under Section 13 of the JDA Act, considered the present matter in its 67th Meeting held on 21.11.2011. A copy of report/minutes was made available during the course of arguments, which is taken on record, by Mr. R.P. Singh, learned Additional Advocate General. After detailed discussions, the Board opined that opening the heavy traffic on B-2 Bye Pass is a better option than allowing heavy traffic to ply on Gopalpura byepass and Sanganer Town. However, to ensure less friction and better flow of traffic on B-2 Bye Pass, certain measures were pointed out to be taken. In last, it was opined by the Board that heavy traffic can be allowed on above stretch of B-2 Bye Pass after taking other measures. Minutes of the meeting of the Board dated 21.11.2011 are reproduced as under:-
JAIPUR DEVELOPMENT AUTHORITY, JAIPUR Minutes of the 67th Meeting of The Traffic Control Board held on 21.11.2011 The meeting was held today under chairmanship of Jaipur Development Commissioner, which was attended as per the list enclosed at Annexure-'A'.
At the outset it was briefed that the special meeting of TCB has been convened today in compliance to the directions given by Hon'ble High Court on 16.11.2011 in the D.B. PIL Petition No. 5383/2011. The operative part of the judgment is reproduced below:
To take care of the situation, by the time alternative ring road or other road is constructed, the opinion of the Jaipur Traffic Control Board appears to be necessary, which is constituted under Section 13 of the JDA Act. Let the Board consider the matter and submit its report duly considering the previous resolutions, if any and give specific opinion whether heavy vehicles should be permitted to pass through B-2 Bye pass. It is also to give an opinion whether it is appropriate to permit the heavy vehicles traffic to pass through Gopalpura Bye pass and Sanganer town and to suggest traffic arrangement of heavy vehicles along with timings. As the matter is urgent, let the opinion be given by the Board within seven days.
Subsequently the concerned officers narrated that the B-2 Bye pass is planned in Master Plan 1976 as Ring Road to pass heavy traffic but the stretch from Tonk Road to Mansarover could not be constructed at that time because of non-availability of land and the B-2 Bye Pass was completed only in January, 2010. The stretch of B-2 Bye Pass from Tonk Road to Shipra Path and from Shipra path to New Sanganer road is under consideration for diverting the heavy traffic from Goplapura byepass and Sanganer Town. The stretch from Tonk road to Shipra path is in six lane road except the rail underpass, which is four lane from Shipra path to New Sanganer road, the existing carriage way width is only four lane and there is 'T' junction at Madhyam Marg.
The road portion from Tonk Road to Shipra Path was constructed by JDA and the road portion known as the Dwarka Das Path was constructed by RHB as a part of Mansarovar scheme. The length of this road is nearly 1.20 KM. RHB has handed over maintenance of the area developed by it to Nagar Nigam, Jaipur.
TCB considered options available for regulation of heavy traffic. As is evident, population density on either side of Gopalpura Byepass and the road in Sanganer Town is much more than the density of population on stretch of B-2 Byepass in Mansarovar area.
As per Master Development Plan(MDP) 2025, road width of this road is shown as 60 meters. It was also informed by Rajasthan Housing Board that they will remove their possessions if any from right of way for ensuring clear 60 meters right of way in the stretch where it is less than 60 meters. More specially office of Dy. Commissioner RHB has a portion of its structure in the form of boundary wall in right of way of 60 meters road. Nagar Nigam, Jaipur also agreed for removing the possession of Dwarka Das Road from right of way and widen the road to six lane as per the cross section of B-2 Bye Pass from Tonk road to Shipra Path. They will also provide adequate safety for the local traffic by providing good quality service roads and improving the junctions at Madhayam Marg, New Sanganer Road and Shipra Path.
For the purpose of allowing traffic on the road portion from Tonk road to New Sanganer road it was jointly inspected by officials of JDA and Traffic police. Before allowing the traffic on this road it was felt necessary to construct service road all along the road and slip lanes on Tonk road, Shipra Path and New Sanganer crossing in addition to strengthening of the Dwarka Das Path for heavy traffic. For development of this road nearly 300 trees and an electric line which is running on existing median would required to be removed.
The widening of existing Railway Underpass is also required for safety and segregation of the heavy, light and public transport.
After detailed discussion it was felt that opening the heavy traffic on B-2 byepass is a better option than allowing heavy traffic to ply on Gopalpura byepass and Sanganer Town. However, to ensure less friction and better flow of traffic on B-2 byepass following measures are to be taken as decided during meeting:-
1. Improvement of road portion from Tonk road to Shipra Path by constructing service road and improvement of slip lane by JDA which would require atleast 3 months.
2. Improvement work of Dwarka Das Path which includes widening of road, strengthening & construction of service road, slip lane and street light work by Jaipur Nagar Nigam which would require atleast 3 months for completion.
3. The ROW on Dwarka Das Path should be cleared jointly by Rajasthan Housing Board and Jaipur Nagar Nigam.
4. Formal permission for cutting nearly 300 trees should be taken from Collector, Jaipur.
5. JVVNL should shift or remove the electric lines which are on existing median in consultation with Jaipur Nagar Nigam.
6. A separate proposal for widening of underpass should be sent to Railway. However based on past experience it is expected that this work would require atleast one & half year of construction period.
7. As majority of above works would require atleast three months time, it may be appraised to Hon'ble High Court accordingly on next date of hearing. The work of Railway underpass can be taken up with a longer horizon of one & half year period.
However, heavy traffic can be allowed on above stretch of B-2 byepass after taking other measures as mentioned above that is even before completion of Railway underpass work.
The meeting ended with vote of thanks to chair.
Secretary Jaipur Development Authority, Jaipur.
21. Mr. Rohit Mahajan, Superintendent of Police(Traffic) is also present in person in the Court, who submitted that it will be in the interest of public at large that heavy traffic be allowed on B-2 Bye Pass Road, which has been constructed for this purpose, however, he submitted that 2 to 3 months time may be allowed for taking measures, as pointed out in the meeting of the Board.
22. Mr. R.P. Singh, learned Additional Advocate General for the State of Rajasthan as well as Mr. R.B. Mathur, learned counsel for respondent J.D.A. also submitted that the State, its functionaries of concerned departments, JDA etc. etc. will fully cooperate and will try to ensure that all the measures, pointed out in the meeting of the Traffic Control Board, will be taken/completed within time bound programme and opening of heavy traffic be deferred for a period of 2 to 3 months.
23. Learned counsel for petitioner made an oral request to implead Union of India through Secretary, Ministry of Urban Development, New Delhi, as party in the writ petition. His oral prayer was allowed. Mr. S.S. Raghav, Assistant Solicitor General, Standing Counsel for Union of India, accepts notice and he was also heard. He assured that a decision on the proposal sent by the State Government to construct an elevated road under BRTS Project will be taken, as early as possible, but not later than a period of three months.
24. After submitting and considering the report of the Traffic Control Board, as reproduced above, learned counsel for the parties agreed that heavy traffic be allowed by opening B-2 Bye Pass and necessary measures, which are required to be taken, as pointed out in the meetings of the Board, may be taken/completed within time bound programme.
25. The parties have agreed to dispose of the writ petition with the following directions:-
(i) B-2 Bye Pass Road will be opened for heavy traffic and respondents will permit heavy vehicles traffic to pass through B-2 Bye Pass Road within two months and there will be no entry of heavy vehicles (except Buses of R.S.R.T.C. and Government vehicles with prior approval of the Board) from Gopalpura Bye Pass and Sanganer Town after two months.
(ii) Improvement of road portion from Tonk Road to Shipra Path by constructing service road and improvement of slip lane by the Jaipur Development Authority will be done within a period of two months.
(iii) Improvement work of Dwarka Das Path, which includes widening of road, strengthening and construction of service road, slip lane and street light work by Jaipur Nagar Nigam will be done within a period of two months.
(iv) Encroachments on Dwarka Das Path or disputed place/area should be cleared jointly by the Rajasthan Housing Board and Jaipur Nagar Nigam within a period of fifteen days.
(v) Necessary permission for cutting trees, as suggested in the Board meeting, will be granted by the Collector, Jaipur within seven days.
(vi) Jaipur Vidhyut Vitran Nigam Limited will shift or remove the electric lines from the road in question in consultation with Jaipur Nagar Nigam within two months.
(vii) A separate proposal for widening of underpass should be sent to Railway and needful in the matter will be done by the concerned Department, at the earliest.
(viii) A decision on the proposal sent by the State Government to construct an elevated road under BRTS Project will be taken by the Government of India within a period of three months.
(ix) In any case, B-2 Bye Pass Road will be allowed to pass heavy vehicles within two months i.e. with effect from 28.01.2012, irrespective of the fact whether any work is completed fully or not. No heavy vehicle will be allowed to ply on Gopalpura Bye Pass and Sanganer Town with effect from 28.01.2012.
26. With the aforesaid directions, D.B. Public Interest Litigation Petition No.5383/2011 stands disposed off.
27. In view of above directions, learned counsel for the parties submitted that nothing remains to be decided in D.B. Civil Special Appeal(Writ) No.720/1997, therefore, the same may also be disposed of.
28. In view of statement of learned counsel for the parties, D.B. Civil Special Appeal(Writ) No.720/1997 as well as stay application, both, also stand disposed off in view of directions, given above, in D.B. Public Interest Litigation Petition No.5383/2011.
(NARENDRA KUMAR JAIN-I),J. (ARUN MISHRA),CJ. /KKC/