RANCHI BUS OWNERS, ASSOCIATION Vs. STATE OF JHARKHAND & ORS
LAWS(JHAR)-2006-11-103
HIGH COURT OF JHARKHAND
Decided on November 07,2006

Ranchi Bus Owners, Association Appellant
VERSUS
State Of Jharkhand And Ors Respondents

JUDGEMENT

- (1.) The prayer sought for in this writ petition is for the issuance of a writ in the nature of certiorari for quashing the office order issued under memo No. 2542/GO dated 7.9.2005 and the subsequent letters whereby the old bus stand of Ranchi town situated at New Market, Ratu Road has been shifted to Itki Road, Hehal near ITI and also for a direction on the respondents for not shifting the bus stand situated at New Market, Ratu Road to the new bus stand at Itki Road, Hehal near ITI till proper infrastructure and other facilities are provided at the new bus stand.
(2.) We have heard Counsel for the parties. The stand taken by the respondents in their counter-affidavit is that due to the location of Ratu Road bus stand behind Raj Bhawan there was always traffic congestion around Kishori Yadav Chowk and the bus owners used to park their buses in between Raj Bhawan and Ratu bus stand which is not proper for the security reasons as well as in the interest of traffic flow. Due to this, the commuters, school going children, patients and other people are facing problems and due to the position of Ratu bus stand flow of traffic is badly affected. Further, this Court in various orders directed the authorities to regulate the flow of traffic in the Ranchi town. It is pointed out by the Counsel for the respondents that in pursuance of the orders, the State Government felt it necessary to shift the Ratu bus stand to some other place where the traffic could not be affected. Accordingly, a Joint Committee was constituted and the Committee passed order contained in memo No. 2542 dated 7.9.2005 and in pursuance of the order passed by the Joint Committee, the Deputy Commissioner, Ranchi by his letter contained in memo No. 2543 dated 7.9.2005 made a request to the Commissioner, South Chotanagpur Division, Ranchi to cancel the original notification and notify the new place near ITI, Hehal as a new bus stand. The shifting of the said bus stand has been made under the provision of Section 117 of the Motor Vehicles Act, 1988.
(3.) The shifting of bus stand from Ratu Road to Itki Road at Hehal, in our view, is reasonable and it cannot be said that the order has been passed wrongly rather the said order has been passed in the interest of public. But only direction that could be given by this Court is that when the bus stand is shifted to Itki Road from Ratu Road it is proper for the State Government to provide with the facilities like compound wall, toilets, etc. to the commuters within four months from today. With the aforesaid observation the petitioner is disposed of.;


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