The Uttarakhand High Court directed the Nagar Palika Parishad to immediately proceed for conversion of pedal/cycle rickshaw permits into E-rickshaw permits, as they are non-polluting, faster moving, and have double carrying capacity. The existing pedal/ cycle rickshaws operators shall first be offered the right to obtain licenses for E-rickshaws.
The Division Bench of Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal further directed that only in case, they expressly, i.e. in writing, under their own signatures, refuse to accept the permit of E-rickshaw, the same be offered to other persons, who satisfy the criteria earlier fixed while issuing pedal/ cycle rickshaw permits, in a transparent manner.
The Court heard a Suo Moto Public Interest Litigation (PIL) on the extreme traffic congestion experienced in and around the town of Nainital.
Experience shows- and it is evident by stepping out on the roads in Nainital, that the traffic congestion is primarily a result of a large number of vehicles coming into and leaving the town of Nainital. The capacity of the roads- which are narrow and do not have scope for broadening is limited. So is the position with regard to parking. The traffic congestion increases during the tourist season, i.e. in summer months, and is heightened during weekends, when tourists from neighboring towns and areas plan their visit to Nainital in their own vehicles. With increased prosperity, even the middle class families are able to afford a vehicle, and find it convenient to visit Nainital, and areas around it in their own vehicles , the Bench noted.
To tackle this problem of influx of so many private vehicles into Nainital, the Bench held that one of the long term and permanent solutions is to take steps to reduce the number of private vehicles coming into Nainital. For this, an end to end solution would have to be offered to the tourists, so that they do not feel the need to bring their vehicles to Nainital, and they are also discouraged from doing so.
In view of the High Court , it would be useful if an appropriate area is earmarked for the purpose of developing modern, neat and clean, and a safe bus stations- either at Kathgodam, or Haldwani, and similarly at Kaladhungi, with large, modern, safe and secured parking area- may it be a multi-storied parking area, so that the tourists coming from outside, who wish to proceed to Nainital, can park their vehicles in the parking area, and board a luxury/ semi-luxury bus, to travel up to Nainital. At Nainital, they should be able to reach their destination, i.e. their hotels etc. by using public transport, such as Taxis and E-rickshaws. That would greatly reduce the influx of private vehicles into Nainital, and would also ease the traffic situation in the town of Nainital.
The Court directed the State to look into this suggestion, and revert to us on the same, before the next date.
The development of helicopter services, as proposed, would also enable reduction in private vehicles entering Nainital, and surrounding areas within the district. We hope and expect that the concerned authorities would take whatever steps, as are necessary, to make the helicopter services operational as early as possible.
The Bench add that it would be essential to ensure that there is sufficient public transport available from the heliports to the nearby places/ towns in the district of Nainital, so as to make the said project successful. For that purpose, the authorities should also look at the establishment of infrastructure for parking of vehicles and taxis near heliports.
It is essential for traffic management in Nainital that ‘Parking’ and ‘No-parking’ Zones are very clearly demarcated by the police authorities; whichever areas are designated for parking, should clearly and prominently indicate on the notice board, the capacity of the parking areas; and it should be ensured that the same is strictly adhered to , held by the High Court.
Vibha Dixit, Circle Officer, has informed the Bench that , presently, there is only one towing vehicle available with the police authorities in Nainital. Looking to the size of Nainital district, and the points of congestion that the Bench is presently witnessing, it is clear to the Court that one towing vehicle is not sufficient .
The Bench directed the State authorities to ensure that more towing machines are procured and put into service, so that any vehicle, found parked inappropriately, or in a no-parking zone, is towed away so that the smooth movement of the traffic, to and fro, is not obstructed. The Circle Officer shall conduct a survey within the Nainital district to identify the areas which are the bottlenecks for the traffic movement, and designate those areas as ‘Noparking Zones’, and also ensure that vehicles which are parked inappropriately, or in no-parking zone, are towed away , the Bench further directed.
“To maintain smooth traffic movement, it is also essential that traffic patrols are on the ground and move continuously on the road under their patrol, particularly, as there are various areas and pockets in the district, where there is no mobile connectivity, and it is not possible to anyone to report traffic jams and congestions to seek any help from such jams. Traffic patrolling should, therefore, be undertaken on all trunk routes and roads which carry heavy traffic, and at places where traffic jams and congestion is experienced, between 08:00 AM to 08:00 PM every day. On every weekend, when traffic situation worsens, patrolling should further be intensified”.
Prabha Naithani, has pointed out that there are various schools in Nainital, and children from neighboring areas within the district, are also attending the said schools as day boarders. Due to traffic congestion being experienced, presently, the children are suffering as they have to leave very early in the morning, and reach their homes very late, and they are also late, at times, in reaching the schools.
The traffic police is directed by the Court to take steps to ensure that school buses and vehicles, carrying school children, are given first right to way and traffic is cleared for them so that they reach the schools in time in the morning, and similarly leave out of schools in the afternoon without getting stuck in traffic jams . The Circle Officer shall also hold consultations with the schools in Nainital, to devise a system of issuing stickers, which can be displayed on the windscreen of such taxis and vehicles, which carry school children on a daily basis, so that they could be easily identified by the traffic police.
“High Court is another place where hundreds and thousands of people congregate on daily basis, and the lawyers and litigants visiting the Court often get stuck in the traffic, either at Mall Road, or on other roads in the traffic congestion, and are not able to reach the Court in time to attend their cases”, the Bench observed.
The Bench further directed that police shall also take steps to ensure that all such vehicles are able to reach and leave the Court without getting stuck in traffic jams.
“Another suggestion which could be looked at by the authorities, in this regard, could be the spacing of school timings of schools which are close to each other. For example, if ‘A’ school starts at 7:00 AM, then ‘B’ school, close to it, could have timings starting from 7:30 AM, and so on. For this purpose, we direct the District Magistrate to hold a meeting with the Chief Education Officer, and the Administrators of all the schools- government and private, so that the burden on the road could be lessen at any point of time. “
Another complaint raised before the Court is that even in the areas which are designated as ‘walkways’ and ‘pathways’, two-wheeler vehicles are allowed to ply. This is completely unacceptable, as it poses a danger to the pedestrian traffic, and also makes them feel unsafe, and it is inconvenient for them to move on pathways and walkways.
The Nagar Palika Parishad, Nainital is directed by the High Court to ensure that such breaches do not take place. The persons who are found to be breaching the said restriction, should be dealt with strictly.
C.S. Rawat, Chief Standing Counsel , submits that some encroachments have also cropped up on the Mall Road in Nainital. The Nagar Palika Parishad shall take steps for removing all such encroachments and a report with regard to action should be presented before the Court on the next date , the Bench directed.
The Bench also informed that there is huge traffic congestion at ‘Kainchi Dham’, where a lot of pilgrims and tourists make a visit. The Court directed the Circle Officer Bhowali to ensure that there is proper traffic management on a daily basis at ‘Kainchi Dham’ between 08:00 AM to 08:00 PM. Vehicles which are parked inappropriately on the road should be towed away, so as to ensure smooth movement of the traffic.
Matter is listed on 19.07.2023 for further consideration.