SANGEET LODHA,J. - (1.) This contempt petition has been filed by the petitioner alleging willful disobedience of the directions issued by this Court vide order dated 19.2.07 passed in D.B.Civil Writ Petition No. 6073/1993, whereby, following directions were issued by the Court to the State of Rajasthan, Jodhpur Development Authority (JDA), Municipal Corporation, Jodhpur (MC, Jodhpur) and Indian Railways: "(i) The Jodhpur City and the areas contiguous have progressively developed and populated. In the orderly and rapid development of the area, several Government departments, local authorities and other Organizations are not only required to be engaged but there is a necessity to bring the coordination among them. Thus, it would be expedient to consider to set up an authority in the line of Jaipur Development Authority i.e. to say Jodhpur Development Authority; (ii) The State Government is directed to ensure the compliance of the order dated 21.11.2000 passed by this Court within a time schedule as to shifting of public buildings including the High Court and other Courts/Tribunals in order to reduce the congestion from the High Court Road; (iii) The effective directions and compliance thereon, has substantially reduced the traffic congestion from the City but this should not be taken as the end of the matter, as the directions given by this Court from time to time and compliance thereon, are bound to have effect on the future development of the City changing its complexion. It is directed that the orders given by this Court from time to time be enforced effectively; (iv) The byepass which was promised to be made operational by the end of December, 2006, could not be completed for the reasons given. The time for the same is extended upto September, 2007. We hope and trust that the said job shall be completed during the stipulated period i.e. September, 2007; (v) In the matter of laying down the roads and maintenance inside the City by different agencies viz; National Highway Authorities, P.W.D., U.I.T. and the Municipal Corporation, substantial work has been done. However, the complaint is that the roads laid down by the P.W.D. and the U.I.T. are qualitatively poor. We feel that little more is required to be done to improve the roads of the City of Jodhpur. The National Highway Authorities are directed to improve the conditions of the roads passing through the City. They should also work in coordination with the U.I.T. and the Municipal Corporation. An officer of the National Highway Authorities will regularly participate in the Traffic Management Committee meetings. We disapprove the obstructions created by the National Highway Authorities in the matter of providing parking. They must clearly understand that the work has been undertaken under the orders of this Court. Similarly, the U.I.T., the Municipal Corporation and the P.W.D. should take more effective steps to improve the road conditions of the City of Jodhpur; (vi) All the authorities are directed to punctually and faithfully comply with the orders of this Court as to removing encroachments from the public places. The anti- encroachment and demolition programmes should be taken as a regular course and not as a drive only. Obstructions on roads in the form of poles, transformers, hoardings, cabins, installed some sort of structure to show place of worship of any religion, trees be shifted or removed. In case of removal of trees, same number of trees be planted at appropriate place. Encroachments on roads, particularly Pal Road, as indicated above, be removed. In case of re-encroachment, matters be reported to the Court by way of initiation of contempt proceedings; (vii) In the matter of traffic control, effective work has been done. The traffic police has succeeded in controlling the unruly traffic in the City of Jodhpur. However, something more seriously needs to be done to check the movement of unruly City Buses. Unfortunately, the rash driving of the drivers of the Luxury Cars has become hazard for the innocent people thereby increasing the number of accidents. The exemplary penalties be inflicted on drivers of the City Buses driving rashly and so as the cars and motorcycles. The careless driving using mobiles, should be checked and exemplary penalties be imposed; (viii) Inspite of repeated directions for proper parking, the private Buses are being seen parked in busy areas in the haphazard manner. These buses are mega buses and even double decker which occupy substantial area of the land. Thus, we direct the concerned authorities to earmark the land within a period of six weeks, where the Stand for private buses can be provided. In this regard, the concerned authorities should take into account the report of the Lawyers Core Group; (ix) The authorities concerned should take effective steps that within a period of one year, the public vehicles use C.N.G. Instead of petrol and diesel; (x) It is reported that there are large number of small scale industries emitting smoke and all sorts of pollutants inside the City of Jodhpur. It is also reported that they are in operation without licence. Effective steps be taken to shift them outside the City within a period of six months; (xi) Considering the expansion of the Housing Board Scheme and other Schemes and the increase of traffic manifold, it is directed that effective steps be taken for widening the road proceeding from Akhaliya Choraya towards Chopasni Road. Similarly, the road proceeding from Residency Road to Boranada be further widened. The obstructions in the form of trees, electric poles etc. be removed. While removing the trees, equal number of trees be planted at appropriate places; (xii) A study be made and if possible, the depot of R.S.R.T.C. Presently situated near the Railway Overbridge adjacent to the Vegetable and Fruit Market be shifted to elsewhere, as it has become a hazard and accident prone; (xiii) The State Government is directed to make the Solid Waste Management practice as effective for improving the quality of life in urban areas. The Municipal Corporation is directed to properly arrange and supervise the work of Street Sweepers and Labour force employed in collection, transportation, processing and disposal of waste effectively; (xiv) The Municipal Corporation, Jodhpur is directed to provide provision for collection, transportation and disposal of construction waste and debris without delay for which appropriate byelaws be prepared to bound down the person, likely to produce construction waste, to deposit with the Local Bodies an approximate amount in advance at the rates as may be prescribed for removal and disposal of construction waste from his premises. Such amount may be deposited at the time when building permission is sought and in case, where such permission is not required, at any time before such waste is produced. Similarly, provision be made for collection of waste and prescribe the rates for collection of waste from Marriage Halls, Community Halls and other functions. This can be multiplied by prescribing the rates for collection of bio-medical waste, hotel and restaurant waste and vegetable, fruit, meat markets waste, garden waste etc; (xv) The direction given with respect to deputing the Mobile Magistrate and providing him a vehicle is extended upto 30th May, 2007. The decision with respect to further continuance shall be taken by the High Court and the State Government at the administrative level; (xvi) The Railway Administration in compliance with the orders of this Court and otherwise as well, has taken effective steps in reducing the congestion outside the Railway Station and providing smooth traffic. However, much is still required to be done. The parking of the cars and two wheelers outside the Railway Station is still found to be unruly. The Railway Administration should take effective steps in that regard; and (xvii) There shall be complete ban on immersion of idols and other materials during festivals in any of the Water Reservoirs of the City, which results into contamination of water. The District Administration is directed to follow the directions given in this regard in a "public interest litigation" being D.B.Civil Writ Petition No.4938/2003 "Poonam Chand Solanki vs. State of Rajasthan; (xviii) Inadequate taxation and ineffective management, both, renders the municipal services far from being satisfactory. Thus, the State Government should seriously consider and improve the finance of the Urban Local Bodies, particularly the Municipal Corporation, Jodhpur. (xix) Last but not the least, we say that any direction or effort by this Court or any other authority, would be of no worth, if the citizens do not actively participate to make the traffic management or other management, effective."
(2.) It is noticed that after perusal of the compliance reports filed on behalf of the respondents from time to time, this Court issued further directions for compliance of the directions issued as aforesaid as also in respect of the issues relating thereto cropped up during the pendency of the contempt petition.
(3.) Learned counsel appearing for the petitioner has filed written submissions pointing out non-compliance of the directions issued by this Court during the pendency of the writ petition as also the final directions issued vide order dated 19.2.17. According to the petitioner, various directions issued by this Court in the said writ petition vide orders dated 20.11.2000, 20.12.2000, 2.3.01, 13.4.01, 15.4.02, 25.11.02, 29.5.03, 10.11.04 and 19.2.07 have not been complied with so far in letter and spirit. That apart, the orders passed by this Court in the present contempt petition on 5.7.17, 17.7.17, 28.7.17, 4.8.17, 21.8.17, 24.8.17, 12.9.17, 18.9.17, 21.9.17, 24.10.17, 4.1.18, 8.2.18 and 16.8.18 have also not been complied with. The details of non-compliance are set out by the petitioner in the written submissions filed.;