Supreme Court calls upon UP, NCT authorities to come up with Traffic Management Plan for Kaushambi, Ghaziabad

The Supreme Court recently directed various authorities in Uttar Pradesh and the National Capital Territory (NCT) to present a comprehensive traffic management plan for the areas of Kaushambi and Ghaziabad [VK Mittal v. Union of India]..Calling for a concerted effort from the authorities in these regions, the Court ordered the constitution of a committee to frame and implement the plan. This committee shall comprise the Divisional Commissioner, Meerut; Chairperson, Ghaziabad Development Authority; Municipal Commissioner, Ghaziabad Nagar Nigam; District Magistrate, Ghaziabad; the Chairperson of UPSRTC; Senior Superintendent of Police, Ghaziabad; Municipal Commissioner, East Delhi Municipal Corporation; a senior officer to be nominated by the Commissioner of Police; and the Transport Secretary of the Government of NCT of Delhi..The Court passed the order in a petition filed by the President of the Kaushambi Apartments Resident Welfare Association and cooperative society Ashapushp Vihar Awas Vikas Samiti Limited. The petition highlighted several issues, ranging from haphazard traffic management to environmental pollution and unrestricted dumping of municipal solid waste. The petitioners contended before the Court that as a result of these issues, the residents of the area are suffering from serious respiratory and other health issues..The Bench of Justices DY Chandrachud, MR Shah and Sanjiv Khanna decided to deal with the traffic issues highlighted in the petition first, noting in its order,“In order to obviate an unmanageably large canvass being opened before the Court at once, we have decided to take up the problem of traffic management in the first instance.”.Petitioner's counsel, advocate Gaurav Goel had highlighted the following issues with respect to traffic management:(i) Haphazard parking of three wheelers and other vehicles on public roads, including service roads;(ii) The absence of adequate spaces for the parking of public service vehicles;(iii) The pollution which is generated by buses plied by the Uttar Pradesh State Road Transport Corporation (UPSRTC);(iv) Use of pressure horns by vehicles; and(v) The total absence of implementation by the law enforcement machinery which causes a serious hardship to pedestrians and residents of the area..The Court noted that the National Green Tribunal (NGT) had been moved to deal specifically with the pollution caused by vehicular emissions, illegal parking, encroachment of roads and pavements etc. By its order dated August 20, 2018, the NGT made certain recommendations to deal with issues in Kaushambi..In order to implement these recommendations, the NGT directed the constitution of a committee comprising the Divisional Commissioner of the area with representatives of the Central Pollution Control Board (CPCB) and the municipal corporation. Then on December 5, 2019, the NGT was told that despite its efforts, the “situation remains grim”..The Tribunal then directed the Commissioner, Meerut Division, to look into the matter personally. In its order dated July 27, 2020, the NGT noted that the Divisional Commissioner, Meerut had filed reports stating that an encroachment drive had been undertaken and steps were taken against illegal parking, for regulating traffic and for preparing an environment management plan. The NGT directed that the initiatives be continued and that a compliance report be filed on December 31, 2020..After taking note of the NGT proceedings, the apex court noted that the issue could not be treated merely as a law and order problem.“The efforts which have been undertaken by the NGT in the exercise of its statutory jurisdiction need to be appreciated and must continue. However, it is evident that the situation on the ground has not changed substantially, as a result of the problems which we have noticed in the earlier part of the order. Merely treating the matter as a law enforcement issue, particularly in the area of traffic management, will not solve the problem. Experience shows that a direction by the Court to the law enforcement machinery may result in some action, even high-handed action for a few days, until the position is restored to the original status which becomes the new “normal”.”.Thus, it directed that a comprehensive traffic management plan be drawn up to deal with the situation. This plan, the Court clarified, will be in addition to the directions issued by the NGT and will not detract from them..The Court was also of the opinion that the problems faced in Kaushambi and Ghaziabad cannot be treated in a manner isolated from the wider context of the National Capital Region. It thus called for a coordinated effort on the part of the authorities within the Government of NCT of Delhi, East Delhi Municipal Corporation as well as the statutory authorities in the State of Uttar Pradesh..“To start with, it is imperative that a comprehensive traffic management plan is drawn up and presented before this Court. Unless all the authorities put their heads together and jointly agree on a concerted effort to manage the traffic problems, a resolution would not be possible. Some of these problems do not necessarily originate in Ghaziabad, such as the problem which is caused by the back-up of vehicles at toll booths. The Anand Vihar Terminal, the Court has been apprised, takes care of the need of the buses of the Delhi Transport Corporation and inter-state buses which originate and terminate at the Terminal. However, we do find that there is a total absence of adequate space for the parking of other public service vehicles including intra-state buses within Ghaziabad, as a result of which the vehicles are parked in a haphazard manner on public roads, including service roads…...This problem has to be addressed by proper management of traffic and creating adequate space for parking of public service vehicles. Merely treating it as a matter of law enforcement will not provide a long lasting solution. Ad hoc reactions to a deeper malaise will bring no relief to the residents, users of public transport and those providing public transport,” the order said. .The Court thus directed that the plan be presented before it within three weeks. Apart from preparing the traffic management plan, the Court said that the remit of the committee would also cover all incidental aspects including arrangements for regulating traffic and earmarking adequate land for parking of public service vehicles..The matter will be next heard on April 14..Senior Advocate V Shekhar appeared on behalf of the agencies of the Government of Uttar Pradesh. Advocate Garima Prashad appeared for Uttar Pradesh Road Transport Corporation (UPSRTC) and Advocate Vishwajit Singh argued for Ghaziabad Nagar Nigam..[Read Order]