- (1.) ON 13.08.2012, this Court took note of all the previous proceedings in this matter and particularly noticed the fact that the authorities had failed to keep their words and assurances as stated on 31.05.2012. It was also noticed that on 25.07.2012, time was granted while believing on the submission made that the authorities had indeed started executing some work in right earnest and would require some time so as to ensure smooth flow of traffic in the city of Jodhpur at the referred 15 main roads.
(2.) ON 13.08.2012, the learned amicus curiae M/s. Ashok Chhangani, Pankaj Sharma and Vipul Singhvi submitted that the authorities had not carried out what was required of them; and even a reasonable part of the assurance to ensure smooth flow of traffic in the city of Jodhpur particularly at the 15 main roads had not been fulfilled. The submissions on behalf of the Municipal Corporation and so also on behalf of other authorities had been that the work was being carried on and that it was an on-going process. This Court had noticed that the submissions as orally made on behalf of the authorities/departments were of uncertain nature and it was apparent that they were not in a position to assert having attended on all their duties and having carried out major tasks so as to ensure smooth flow of the traffic in the city of Jodhpur. It was also noticed that even the Traffic Control Board established under Section 13 of the Jodhpur Development Authority Act, 2009 was either defunct or was carrying out useless paper work in the name of meetings and despite this Court having indicated the requirements of the Control Board being functional, nothing concrete was forthcoming. This Court took note of the position and deduced thus: "We cannot help deducing that JDA and the Traffic Control Board have particularly shown total disinterest towards the requirements of the traffic control and management." On 13.08.2012, several other aspects were also considered by this Court including a seriously questionable position that some of the officers who were present before the Court earlier and who made assurances to the Court were transferred from their respective posts. Upon the Court expressing serious reservations, the orders were issued on 13.08.2012 itself giving additional charge of previously held posts to the persons who were earlier transferred. This Court made it clear that until pendency of this matter, none of the officers who were present before the Court on 25.07.2012 and on 13.08.2012 would be transferred without seeking specific orders from the Court. This Court also expressed dissatisfaction on the functioning of the JDA and so also the Municipal Corporation; and as per the submissions made, only this much appeared that the Traffic Branch of the police had taken up some of the work and had made the deployment so as to effectively man the relevant traffic points. However, it was found that substantial part of the work had not been executed and required immediate attention. The position as available on 13th August 2012 was summed up in the following:- "In the overall analysis, we could only say that substantial part of the requirements has not been carried out and the assurances as regularly made to this Court from 31.05.2012 onwards and particularly, the assurances as made on 25.07.2012 have not been fulfilled." Having regard to the circumstances, when this Court proposed to impose substantial costs to be personally recovered from the defaulting officers concerned particularly those relating to the JDA, the Municipal Corporation and so also the Traffic Branch of the Police, the learned counsel appearing for the concerned authorities submitted that the authorities would carry out all the requirements; and the assurances as made to the Court, particularly in regard to the 15 main roads shall positively be carried out at the earliest; and last chance was prayed for. The submissions as made by the learned AAG Mr.Punia and so also the learned counsel Mr.R.S.Saluja were taken note of with the requirement of work to be done in the following:- "The learned AAG Mr. Punia and so also the learned counsel Mr. R.S. Saluja submit that hitherto they had been making submissions so as to state the viewpoints and the position of concerned officers; and seeking time so that the officers may carry out the work while dealing with all the impediments in proper execution; and that some work has, of course, been done, may be not reaching the optimum level. However, the learned counsel submit that now onwards, the works would be carried out in all sincerity, more seriousness and right earnest; and on the next date, they would be able to make a positive statement before the Court on instructions from their respective authorities about the requisite tasks having been carried out; and else, they would not make any submission so as to seek any further adjournment. The learned counsel pray for some extra time looking to the current on-set of the rains." This Court had put on record the appreciation that apart from the learned amicus curiae, the learned AAG Mr.G.R.Punia and the learned counsel Mr. R.S.Saluja appearing for the respective authorities had effectively applied themselves to the subject matter of PIL and had, in a very reasonable manner, properly advised their clients and so also effectively assisted the Court. However, this Court expressed dissatisfaction where non-functional authorities had landed even the responsible counsel to make such nature statement before the Court so as to seek a last opportunity. It was expected that the anxiety of the Court inclusive of all the learned counsel would be properly understood by all the concerned authorities. Thus, even when this Court had tentatively reached to the conclusion that the system of municipal governance and so also the urban governance was heading towards failure in the city of Jodhpur and stern orders were required to be passed against the non-functional authorities yet, in view of what had been noticed and what was submitted, this Court extended a last opportunity to the authorities concerned to carry out their duties; and the matter was deferred to this date.
(3.) TODAY , on the matter being taken up, when we posed the question to the learned amicus curiae about the progress of the work, they submitted in unison that the work done is not of any satisfaction and it cannot be said that the authorities have fulfilled the promises as made before the Court. In response, the learned counsel Mr. R.S.Saluja appearing for the Jodhpur Municipal Corporation candidly submitted that he was not in a position to make a specific statement about the satisfaction level of the work done but the work was being done. The learned AAG Mr.G.R.Punia submitted on instructions that though the work has been taken up, particularly the road construction work, but the same could not be completed and for which in the first place, the reasons assigned were of extended rainy season and then, even non-availability of one of the mixing plants with the contractor concerned which was deployed for other work concerning military establishment. Upon the Court expressing reservations upon making of such kind of flimsy suggestions for non-execution of work and want of a specific affidavit of the person concerned who instructed the counsel to make such a statement before the Court that the work could not be done for want of a particular mixing plant, the learned AAG Mr.Punia, at the later stage, frankly submitted that it had been a minor point and rather it was only for one day that the mixture plant was deployed by the same contractor for some other work. The submissions as broadly made before us in the affidavit filed by the Director Engineering of JDA is that 66 parking places have been earmarked and development work has been undertaken as per the resolution taken. It is stated in the affidavit and so also is the submission made that 75% of the patch work on 15 BRTS routes has been executed. When we found the suggestion about execution of 75% of work itself to be totally vague, uncertain and of no specification, we requested the learned AAG Mr. Punia to devote some time and visit the few of roads himself with the amicus curiae so as to take first hand stock of the situation. ;