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The Legal Affair

Let's talk Law

The Legal Affair

Let's talk Law

Gujarat High Court Criticizes Authorities for Failing to Address Ahmedabad’s Traffic and Illegal Parking Issues

Gujarat High Court Criticizes Authorities for Failing to Address Ahmedabad’s Traffic and Illegal Parking Issues

Introduction:

In a recent hearing concerning a 2017 Public Interest Litigation (PIL) addressing traffic congestion and illegal parking in Ahmedabad, the Gujarat High Court expressed profound dissatisfaction with the State Government and the Ahmedabad Municipal Corporation (AMC) for their persistent non-compliance with court directives. The Division Bench, comprising Justice A.S. Supehia and Justice Gita Gopi, highlighted the authorities’ failure to implement an effective policy to manage the city’s escalating traffic woes, thereby compromising the safety and convenience of its citizens.

Background of the Case:

The PIL filed in 2017 sought directives for the AMC to undertake comprehensive repairs and restoration of public roads in Ahmedabad, aiming to make them navigable for all vehicles. The court, acknowledging the gravity of the issues, issued a series of directives in 2018, which encompassed concerns such as inadequate parking facilities, unauthorized parking on public roads, and the menace of stray cattle obstructing traffic. Despite the passage of several years and the issuance of approximately 62 orders, the court observed a glaring lack of substantial compliance from the concerned authorities.

Court’s Observations:

The bench remarked, “This Court, for the last six years, with the hope that the directions are complied with and the citizens of this city as well as the State feel secure as and when they go out from their home on their vehicles, however, the State has failed in framing an effective policy to handle the grave and chaotic situation.” The court further criticized the AMC, stating that it “has only acted when this Court compels them to do so,” indicating a reactive rather than proactive approach to the directives issued.

Petitioner’s Arguments:

Advocate Amit Panchal, representing the petitioner, contended that there was a blatant disregard for the court’s directives, despite the existence of frameworks like the Parking Policy 2021 for Ahmedabad City and the Gujarat Roads Safety Authority Act, 2018. He argued that neither the policy nor the act had been implemented effectively, leading to persistent traffic congestion, illegal parking, and related safety hazards.

Authorities’ Response:

In response, Government Pleader G.H. Virk assured the court that the State Government, AMC, and other relevant departments would ensure compliance with the court’s orders. He affirmed that personnel assigned to these duties would be instructed to implement the directives effectively and take appropriate legal action against offenders.

Court’s Decision:

Considering the prolonged non-compliance and the assurances provided, the court decided to monitor the situation closely. It scheduled the next hearing for February 3 to assess the implementation of its directives and warned that failure to comply could result in framing charges against responsible officers for contempt.

Conclusion:

The Gujarat High Court’s stern admonition underscores the critical need for effective governance and accountability in addressing urban challenges like traffic congestion and illegal parking. The court’s insistence on compliance reflects its commitment to ensuring that the citizens of Ahmedabad can navigate their city safely and efficiently. As the situation develops, it remains to be seen how the State Government and AMC will respond to the court’s directives and whether tangible improvements will materialize on the ground.