SUO MOTO Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2013-10-4
HIGH COURT OF RAJASTHAN
Decided on October 03,2013

SUO MOTO Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

- (1.) FOR the submissions as made by the Amicus Curiae that some part of work has been done but a lot is yet to be done, the Collector, Jodhpur, who is Chairing the Monitoring Committee, which has hitherto held as many as 25 meetings, was required to be called during the course of hearing.
(2.) FROM the submissions made by the Collector, it prima facie appears that some of the departments/officers/authorities have not properly and punctually attended on the instructions issued by him pursuant to the decisions taken in the Monitoring Committee. From the reports of the Monitoring Committee placed before us, want of total attention on all the requirements of work to be done appears to be on the part of the Transport Department as also Traffic Police on one hand and on the part of the Municipal Corporation on the other hand. As regards, the want of attentiveness on the part of the Traffic Police, it is informed that the incumbent presently posted as DCP (Traffic) has unfortunately gone on medical leave. It goes without saying that even if one incumbent is on medical leave that does not absolve the department of its responsibility to attend on all the requirements and for that matter, it is definitely expected of the Commissioner, Police to immediately ensure compliance of all the directions of the Monitoring Committee as also adherence to the observations made by this Court. Similarly, the delay on the part of the Transport Department in effectively curbing the polluting vehicles cannot be appreciated.
(3.) AS regards the Municipal Corporation, one of the major issues raised in the meetings had been about the action to be taken against the buildings which have been constructed or are being constructed without providing for adequate parking space. The Collector has placed before us for perusal a communication said to have been sent by him on 23.08.2013 to the Addl. Chief Secretary, Urban Development, Housing and Local Self Department stating therein, inter alia, that violation of parking specifications was found at about 87 buildings inspected on 15 BRTS routes in the city; and in that regard, the Chief Executive Officer, Municipal Corporation, Jodhpur was issued directions but no effective action was taken; and that some of the buildings were, of course, seized in past, but were again released.;


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