Speed-breakers near Sitabuldi fly-over: Contempt petition against DCP Traffic, EE PWD
Staff Reporter :
Adv R P Joshi cites the report published in ‘The Hitavada’ CityLine saying, “the speed-breakers construction are in violation of directions earlier issued by HC”
Bombay High Court’s Nagpur Bench admitted a contempt petition and issued notices to Deputy Commissioner of Police, Traffic, Lohit Matani, and officials of Public Works Department (PWD) against construction of speed-breakers on either ends of Sitabuldi fly-over. The petition was filed by Adv R P Joshi highlighting the report in ‘The Hitavada’ CityLine about speed-breakers ahead of the ramp on way to the flyover causing inconvenience to road users.
Adv Joshi in his petition referred to specific guidelines issued in 2010 by High Court, Government authorities were told to remove unauthorised speed-breakers in city and level the road after their removal.
Also, the court had directed NMC to appoint a Nodal Officer so that citizens can notify in case they detect unauthorised speed-breaker. Till date, NMC has not appointed any Nodal Officer, while PWD’s World Bank Division went ahead and put up three speed-breakers, two of them were removed after hue and cry by citizens, but continue to trouble the road users.
The petitioner cited judgement in Kewal Semlani vs. Commissioner of Mumbai & others that was decided on 27/04/2005, where Bombay High Court had laid down specific guidelines as to construction of any new speed-breakers. It was directed that prior to construction of speed-breaker, a proper survey should be carried out, and only if necessary, the authorities should go ahead and construct it. But with NMC failing to appoint Nodal Officer, it is not known as to what factors went behind decision
of PWD to construct the speed-breakers on approach to Sitabuldi fly-over, in blatant violations of earlier directions issued by various benches of High Court.
Hence, Adv Joshi has prayed for initiation of proceedings under Article 215 of the Constitution of India for the wilful disobedience and violation of the orders and directions by the Principal Bench and also later by Nagpur Bench in contempt petition no. 231/2010 decided on 13/12/2013.
The matter will be heard next on April 20.