The Kerala High Court recently ordered State authorities to ensure that the Kochi Metropolitan Transport Authority (KMTA), which so far exists only on paper, is made functional by November 1, Kerala Piravi Dinam (Kerala Day). [Adv. Richard Rajesh Kumar & Anr. v. Union of India & Ors.]

A Division Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji passed the direction in a petition that sought implementation of the provisions of the Kerala Metropolitan Transport Authority Act, 2019 which empower the State government to establish Metropolitan Transport Authority for urban mobility areas including Kochi.

The Government of Kerala had, by a notification issued in the Official Gazette on October 30, 2020, constituted the Kochi Metropolitan Transport Authority (KMTA) for the Urban Mobility Area of Kochi City.

However, the KMTA remained non functional.

The Court opined that this has nullified the legislative intent behind the enactment to address difficulties faced by commuters who use public transportation in cities.

"There cannot be any doubt that considering the functions of the Authority, it is essential in any city, such as Kochi, to have a robust public transportation system to have a functional and active Metropolitan Transport Authority," the Court noted.

Elaborating on the many ways in which citizens and the State could benefit from a properly functioning KMTA, the Court ordered that it be made functional by November 1.

"The interventions by this Authority could be reduction in traffic congestion and carbon emissions, better integration of bus, metro, ferry and pedestrian systems, rationalisation of public transport fares and services, uniform fares for public transport, streamlined parking policies and increased access to last-mile connectivity, enhanced liveability and accessibility for residents and tourists, economic growth via infrastructure investment and urban renewal," the Court explained.

As per the Court's judgment, once it is made functional, KMTA must take steps for the following statutory functions:

• Preparation of a transport investment programme;

• Planning for finance mobilization, construction and operation relating to urban transport and the urban transport ancillary services;

• Development and management of integrated or stand-alone transport network facilities to aid and enhance the efficiency of urban transport for the user;

• Creation and management of a common command and control centre for integration, co-ordination and management of urban transport;

• Development, issuance and publication of standards, and guidelines relating to the development and operation of urban transport facilities;

• Development and issuance of performance indicators for urban transport services within the territorial jurisdiction of the authority;

• Development and enforcement of technical and performance standards on all strategic and operational matters that have a direct effect on the level of service provided to the users of urban transport;

• Development of protocols to give directions to the authorities concerned to take necessary steps for the regulation and enforcement of environmental standards related or incidental to urban transport or the urban transport ancillary services;

• Setting up and operation of an operation control centre, a web-based user information system and a helpline to provide integrated information to the users of urban transport and to collect demands, complaints and suggestions of passengers;

• Setting up and operation of a smart card-based ticketing system for payment of user charges for use of the urban transport and urban transport ancillary services in consultation with the authorities concerned;

• Setting up and operation of technology-based solutions for traffic management, transport planning, design of transport systems and selection of mode of transport in consultation with the authorities concerned;

• Development of protocols for detection and reporting of traffic offences to the authorities concerned and to recommend action with the help of the intelligent transport system to be established by the authority;

• Development of protocols for collection of information on urban transportation within the urban mobility area and to provide the same to the government agencies concerned or other agencies approved by the authority;

• Taking steps for publication and display of information for the users of urban transport to promote consumer awareness of the integrated urban transport system;

• Development of protocols for promoting skill advancement of persons engaged in the operation and maintenance of urban transport through education, training and research; and

• Any other functions specified under the statute.

The petitioners were represented by advocates Viswanath Salish, Sandra Paul, Nidha Sherin and Akash Jithu T.

The respondent authorities were represented by advocates C Dinesh, Arjun, V Manu and V Tekchand.

[Read Judgment]