J AND K ALL INDIA TAXI SUMO Vs. STATE OF J AND K
LAWS(J&K)-2006-3-12
HIGH COURT OF JAMMU AND KASHMIR
Decided on March 20,2006

J And K All India Taxi Sumo Appellant
VERSUS
STATE OF J AND K Respondents

JUDGEMENT

- (1.) FRESH status reports have been filed by DIG Traffic, Director CA&PD;, Special Mobile Magistrate Traffic, Jammu and District Mobile Magistrate, Traffic, Kathua. No such reports have been filed by Divisional Commissioner Jammu or any of the departmental heads who were granted time vide the last Court order to file detailed reports on whether their vehicles were holding the Pollution Under Control certificates and fitness certificates. The directions of the Court in this regard have gone abegging, of which serious note is taken.
(2.) THE DIG, Traffic, Jammu, has submitted, in his report, that a regular post had been set up at Kathua, headed by an Inspector of Traffic Police and as many as 17,650 vehicles were checked at Kathua from 17.2.2006 to 5.3.2006, out of which 153 vehicles were pushed back for non -possession of fitness/Pollution Under Control certificates. Similarly, 12,565 vehicles were checked from 21.1.2006 to 5.2.2006 for use of shrill/pressure/double multi tone horns and out of these, 3,041 erring drivers, which include 61 Government/departmental vehicles, were challaned, which include both commercial and non -commercial vehicles, and in compliance to the Court orders all such seized horns were destroyed in public view on 25.2.2006 at Bikram Chowk, Jammu. He has also stated that SSP Traffic, Jammu, has undertaken rationalization of routes in Jammu City on experimental basis and traffic signboards had also been installed. According to him, as many as 6,574 vehicles were checked for fitness certificates out of which 281 vehicles were challaned, which include 15 Government vehicles also and for 'No Entry', 908 vehicles were challaned which include 19 Government vehicles also. Like wise, 21,343 vehicles were checked for possession of Pollution Under Control certificates, out of which 1,683 vehicles were challaned, which include 107 Government vehicles of various departments including 12 of Police department. He has also claimed that licence of 4 vehicles was suspended after their Pollution Under Control certificates were found not in order and simultaneously 4 FIR's were registered with concerned Police Stations against the operation of these Centres. It is also stated that 263 vehicles were challenged for using horns in 'No Horn Zone'. The Director CA and PD has submitted, in his report, that the matter relating to the establishment of CNG infrastructure was taken up with Secretary Petroleum and Natural Gas, Shri S.C. Tripathi, who was apprised of the Court order and so was the Chairman GAIL and its director marketing Dr. U. D. Choubey contacted to advise the State Government as to how to proceed in creating this infrastructure, but their reply was awaited.
(3.) WE have heard the Transport Commissioner, the Vice Chairman of the Jammu Development Authority and the Joint Commissioner, Municipal Corporation, Jammu, on the steps taken by their departments in reference to the status reports filed by them in compliance to the Court order dated 15.3.2006. The Transport Commissioner has frankly conceded that steps taken so far in compliance to Court orders have not made any significant impact on the ground nor had the efforts for setting up of CNG infrastructure made any headway. He has, however, submitted that three Mobile testing centres were being set up and so was the up -gradation of upto 5 gas level being undertaken within three months. According to him about 90% of the Pollution Testing Centres had already come up and the remaining were being commissioned within one week and care was being taken to ensure that they are well equipped in according with the norms. He also submitted that Regional Transport Officers had undertaken a census of un -registered vehicles and that RTO Jammu had found only 772 vehicles un -registered of which 82 were seized.;


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