Staff Reporter :
TRAFFIC congestion and unauthorised construction are not
limited to Dhantoli, Congress
Nagar and Ramdaspeth alone,
but are a serious problem across
the entire city, the Nagpur bench
of the Bombay High Court
observed on Tuesday. The court
also expressed strong concern
over the commercial misuse of
parking spaces, especially by hospitals and questioned why strict
penalties are not being imposed
on violators.
During the hearing, Justice Anil
Kilor and Justice RajWakode orally stated that hospital parking
spaces are being used for commercial purposes not only in
Dhantoli, Congress Nagar and
Ramdaspeth, but in many other
parts of Nagpur as well.The court
asked why the authorities should
not collect fines at four times the
commercial rate from those violating parking rules and carrying out unauthorised construction.
The court also referred to the
report of a committee appointed earlier by the High Court,
which had inspected the affected areas.The committee had recommended that fines at commercial rates should be collected from violators for at least one
year. However, these recommendations have not been
implemented so far.
Notification of ACP
not followed
THE court noted that a notification issued by the AssistantTraffic
Commissioner regarding parking
arrangements in Dhantoli was
not being followed. In view of this,
the High Court directed senior
Advocate J B Gandhi to inspect
the Dhantoli area and submit a
report on the actual ground situation.
Following the court’s direction,
Adv Gandhi inspected Dhantoli
and informed the court that the
traffic system in the area has
been badly disrupted. He stated
that vehicles are parked on both
sides of the road, causing severe
congestion. One-way roads have
effectively turned into two-way
roads due to illegal parking.
Despite clear orders and notifications issued by the traffic
police, the rules are not being followed, he told the court.
Taking serious note of this, the
High Court strongly criticised the
Nagpur Municipal Corporation
(NMC) and the Deputy
Commissioner of Traffic Police.
The court orally questioned why
action should not be initiated
against the concerned municipal and police officers for filing
false affidavits claiming that the
situation had improved.
The bench asked Government
advocate Adv Deepak Thakre to
issue clear instructions to the
concerned officials and explain
why disciplinary action should
not be taken against them. The matter has been posted for further hearing on Monday, February 16.
The court recalled that in earlier hearings, it had repeatedly passed orders to address traffic congestion and unauthorised construction in Dhantoli, Congress Nagar, and Ramdaspeth. However, the court observed that instead of improving, the situation has worsened. Adv Gandhi’s latest inspection confirmed that the problems remain unresolved even after multiple court directions.
In a previous hearing, the High Court had also questioned why a fine of four times per square foot should not be imposed on encroachers in Dhantoli. The court had directed the Public Works Department (PWD) to submit relevant information. It had also raised the issue of whether fines could be imposed on hospitals that fail to provide adequate parking space as per rules.
Despite some roads being officially declared one-way, they are no longer functioning as such due to rampant encroachments and illegal parking. The High Court noted that its orders are not being implemented effectively, which has resulted in continuous inconvenience to citizens, especially senior citizens and patients visiting hospitals.
‘Why shouldn’t
action be taken against DCP Traffic?’
The police department had stated in an affidavit that action would be taken against those violating parking and construction rules in Dhantoli. However, during his inspection, Adv Gandhi found that these rules were not being enforced. He informed the court orally, following which the court directed him to submit an affidavit.
The High Court also questioned why parking spaces being used commercially, especially by hospitals, should not attract fines at four times the commercial rate. The court suggested issuing show-cause notices within a week to the concerned parties, asking them to explain why such fines should not be imposed.
The court further observed that this problem is not limited to Dhantoli alone but is spread across the city. It orally directed that the Deputy Commissioner of Traffic Police should explain why action should not be taken against him for failing to enforce the court’s orders.