STATE TIMES NEWS
SRINAGAR: A Division Bench (DB) of State High Court comprising Justice Mohammad Yaqoob Mir and Justice Sanjeev Kumar while taking serious note of the situation as prevalent and highlighted by the amicus, impressed upon Srinagar Municipal Corporation (SMC) authorities and in particular the Commissioner SMC to ensure that its anti encroachment squad discharges its duties with dedication and commitment so that the menace of extending shops on the pavements by the shopkeepers is totally stopped and a strict action is taken and if on the next date of hearing amicus again brings it to the notice of the court that same thing is happening then Chief Enforcement Officer, SMC shall have to remain personally present and explain as to how it is happening.
The court direction came in a PIL highlighting the aforesaid issue.
The DB observed that counsel appearing for SMC has submitted that a comprehensive proposal has been prepared to establish vending zones and he has affirmed that he will soon file a report indicating time for executing the same. “Meanwhile, the Municipality will ensure that no vendor displays any article for sale on the roadside so that the roads are kept open.
Division Bench also observed that all the concerned authorities including SDA which owns the Pantha Chowk Bus Stand area were under direction to extend all possible help to the SMC in removing the encroachments in and around the aforesaid Bus Stand. Director, Land Management, SDA had extended assurance in this regard, the court observed.
DB observed that in terms of order dated November 29 2017, it was taken note of that 39 areas/spots were identified and list whereof has been communicated to the Commissioner, SMC for placement of signages as per the pattern envisaged in the Motor Vehicles Act. Upon this, AAG submitted that a detailed status report has been prepared, the colour coding has been suggested, once it is introduced and operated, it shall be easy to identify the vehicles which are plying in violation to the permission and action of seizure and fine will follow.
The DB observed that in compliance to the directions issued on November 29, 2017, SMC has submitted a latest status on 3rd January 2018 wherein it is stated that Delhi based Intelligent Traffic management has started installation work physically at Sanat Nagar and Tengpora Junctions.
The DB also observed that in response to aforesaid order SMC has made it clear that out of 47 spots cleared by the Traffic Advisor, SSP Traffic has approved running of 33 spots and for remaining 14 spots Divisional Commissioner, Kashmir has already issued an instruction asking the concerned authorities that once the Traffic Advisor has cleared 47 spots why 14 spots are left out?
The DB observed that in response to direction contained in Para 12 of the aforesaid order, Pollution Control Board has filed the compliance report stating therein that the exceeding limits observed in all silence zones monitored by the Board. Upon this, The DB directed Divisional Commissioner, Kashmir to file his response as to what action has been taken on the basis of the report submitted to him by the Pollution Control Board.
One more concern has been voiced by Ateeb Kanth, Advocate who assists the amicus that in the Srinagar City Mini Buses are overloaded. The DB observed that the concern voiced is serious and directed SSP Traffic to take necessary action.
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