Follow Us
Legal Correspondent
Shimla, September 1
Expressing its concern on the matter of issuance of permits for restricted /sealed roads of the city under the Shimla Road Users and Pedestrians (Public Safety and Convenience) Act, 2007, the High Court today directed the state that the permits will be granted strictly in accordance with the provisions of the Act without adopting different yardsticks and being influenced by the stature and status of the applicants.
It further directed that any violation, apart from attracting imposition of fine/penalty under the Act, would also entail the confiscation of the erring vehicle. It further directed the committee, constituted by the court comprising the Chief Secretary, the Secretary (Home) and the Secretary (Law), to revisit and reconsider the permits granted by it and file a fresh report. In its earlier order, the court had constituted a committee headed by the Chief Secretary to examine the permits and cancel all those permits which weare not issued in accordance with the provisions of the Act.
The court passed this order on a PIL petition. It was alleged in the petition that the authorities were lax in implementation of the Shimla Road Users Act. It further alleged that government vehicles were also running on the restricted roads without permits. Private ambulances with no patients can be seen plying on these roads.
While passing these orders, a Division Bench comprising Chief Justice Mansoor Ahmad Mir and Justice Tarlok Singh Chauhan observed: “We do not intend to disturb the permits granted in favour of the Chairman’s and Vice-Chairman of various boards and corporations, because afterall, while considering the applications, there has to be some play in the joints. Not only different yardsticks have been adopted for the similarly situated persons residing in the same locality, but the committee also appears to have been influenced by the stature and status of the applicants, rather that the provisions of the Act.”
3
8