- (1.) IN this matter today, upon questioning by the Court, the learned counsel Mr. R.S. Saluja pointed out that the Municipal Corporation has taken up the drive for removal of encroachments on the public roads and public places. In response to some of the queries, it has been submitted that although due care is being taken to remove only the encroachments but if any action taken in the process is found to be not correct though bonafide, the title holder will be suitably compensated. It has also been specifically submitted that the officers of the Municipal Corporation are sincerely trying to discharge their own duties and have not attempted to deal with the matter anywhere as if being done under any particular order of the Court qua any particular property. The Chief Executive Officer of the Municipal Corporation has specifically submitted an undertaking before us, which is taken on record; and shall be considered at the appropriate stage.
(2.) DURING the course of submissions, it has been pointed out by the learned Additional Advocate General Mr. G. R. Punia that the Traffic Branch of the Police has taken stock of the situation; has prepared a comprehensive plan; and manning of the relevant traffic points has been strengthened with regular supervision and monitoring by the Senior Officers. It has also been pointed out by the learned AAG that on the part of the Transport Department, several of the vehicles have been checked particularly in regard to the permits and so also as regards the pollution control; and the process is being strengthened. The learned amicus curiae M/s. Ashok Chhangani, Pankaj Sharma and Vipul Singhvi submitted before the Court that though a few steps have been taken but the work done cannot be said to be reaching the optimum level. During the course of submissions, the learned amicus curiae Mr. Vipul Singhvi has placed before us a photostat of the minutes of the two meetings of the Jodhpur Traffic Control Board, as held on 23.05.2011 and then, on 28.02.2012. Mr. Singhvi submitted that these kinds of resolutions are rather of eye-wash while particularly referring to minutes of agenda item No. 10 of the meeting dated 23.05.2011 whereby it was directed that a particular report should be submitted by 31.05.2011 and then, to agenda item No. 10 of the meeting dated 28.02.2012 where it appears that the same minutes of the meeting dated 23.05.2011 have been reproduced verbatim even to the extent that the date for submission of the required report is also the same i.e., 31.05.2011 ! When we have posed the question in this regard, Mr. Punia prayed for time to complete to his instructions but suggested that it might have been a matter of bonafide mistake. Mr. Punia, however, admits on instructions that such Traffic Control Board has indeed been constituted.
(3.) LEAVING the error part of the matter aside, what we feel concerned about is as to why the Traffic Control Board as established under Section 13 of the Jodhpur Development Authority Act ('the Act') is not found functional when several of the shortcomings and drawbacks relating to such aspects of traffic control have been noticed in this matter and promises after promises have made on behalf of the authorities, which are yet to be fulfilled. We would expect that the Traffic Control Board constituted under Section 13 of the Act should be functioning for the purpose it has been constituted and its proceedings should not remain mere paper proceedings. A prima facie comparison of the photocopies of the minutes of the meetings dated 23.05.2011 and 28.02.2012 gives an impression as if these had only been the paper proceedings of generalised resolutions and not of concrete steps. During the course of submissions, the learned amicus curiae Mr. Ashok Chhangani has also drawn our attention, inter alia, to the report of the High Power Committee relating to 'Construction of High Rise Buildings in Jodhpur and Building Line' as constituted pursuant to the orders of this Court passed in D.B. Civil Writ Petition No. 6730/1993 (PIL Matter). The relevant aspects of the matter to which Mr. Chhangani wants to refer may be pointed out to the learned Additional Advocate General Mr. Punia and the learned counsel Mr. R.S. Saluja for appropriate advice to the concerned authorities. ;