Suo Motu v. State of Kerala

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ``` PRESENT ``` ``` THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN ``` ## **`&`** ``` THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR ``` ``` FRIDAY, THE 18[TH] DAY OF NOVEMBER 2022 / 27TH KARTHIKA, 1944 ``` ## **`SSCR NO. 19 OF 2022`** ## **`PETITIONER:`** ``` SUO MOTU ``` ``` RESPONDENTS: ``` ``` 1STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 696001. ``` - **`2 STATE POLICE CHIEF`** ``` POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695010. ``` ``` 3TRANSPORT COMMISSIONER, (MOTOR VEHICLES DEPARTMENT), TRANSPORT COMMISSIONERATE, IIND FLOOR, TRANS TOWER, THYCADU P.O., VAZHUTHACADU, THIRUVANANTHAPURAM - 695014. ``` - **`4 THE DISTRICT POLICE CHIEF, PATHANAMTHITTA - 689645.`** - **`5 PRINCIPAL SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANATHAPURAM - 695001.`** - **`6 PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT,`** 2 SSCR No.19 of 2022 ``` GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001. ``` - **`7 CHIEF ENGINEER, PROJECTS, KERALA STATE TRANSPORT PROJECT (KSTP), PROJECT MANAGEMENT TEAM, TC 11/339, SREEBALA BUILDING, KESTON ROAD, NANTHANCODE, KOWDIAR PO, TRIVANDRUM - 695003.`** - **`8 THE UNION OF INDIA, REPRESENTED BY SECRETARY (RT & H), MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, PARIVARAN BHAVAN, PARLIAMENT STREET, NEW DELHI - 110001.`** - **`9 PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI) TC 36/574-1, KRISHNAN KRIPA, PALKULANGARA JUNCTION, PALKULANGARA, THIRUVANANTHAPURAM - 695024.`** - **`10 THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM - 695003.`** - **`11 THE EXECUTIVE OFFICER, SABARIMALA, PAMPA TRIVENI P.O., PATHANAMTHITTA - 689670.`** - **`12 DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM - 695003.`** ``` BY ADV. MANU S. DSG OF INDIA ``` ``` SRI S.RAJMOHAN - SR GOVERNMENT PLEADER ; SRI G.BIJU - STANDING COUNSEL- TRAVANCORE DEVASWOM BOARD ; SRI N.RAGHURAJ - AMICUS CURIAE FOR SABARIMALA SPECIAL COMMISSIONER ``` ``` THIS SABARIMALA SPECIAL COMMISSIONER REPORT HAVING COME UP FOR ADMISSION ON 18.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 SSCR No.19 of 2022 ## **O R D E R** Anil K. Narendran, J. The Special Commissioner, Sabarimala, has filed this report regarding the directions to be issued to the respective authorities to complete the maintenance and repair works of the road network leading to Sabarimala and maintain the roads and pedestrian facilities strictly in conformity with the relevant standards and guidelines, to ensure strict enforcement of Road Safety Policy and also the provisions under the Motor Vehicles (Driving) Regulations, 2017, in terms of the directions contained in the orders of the Apex Court and this Court, in order to ensure the safety of most vulnerable road users, such as pedestrians, cyclists, children, elderly and differently-abled persons, during Mandala-Makaravilakku festival season of 1198 ME (2022-23). 2. On 10.11.2022, when this SSCR came up for consideration, we have passed a detailed order. Paragraphs 22 to 25 of that order [2022 SCC OnLine Ker.5801] reads thus: “22. Once roads are constructed as per the standards and guidelines prescribed by the Indian Roads Congress, it has to be maintained as such without any 4 SSCR No.19 of 2022 encroachment on the right of way or on the pedestrian facilities provided as per such standards and guidelines. Footpaths are not intended for stocking articles for trade or for the display of goods by traders, in front of their shops or establishments. Similarly, footpaths are not intended for the purpose of holding campaigns, demonstrations, etc., by political parties and other organisations, by causing any obstruction whatsoever to the free movement of pedestrians. No political party or organisation can be permitted to encroach upon footpaths or right of way of public roads, in connection with any such protest, demonstrations, etc., by erecting any temporary structures on the right of way or on the pedestrian facilities, forcing pedestrians including those with disabilities and reduced mobility to walk in unsafe circumstances. Showing scant regard to the law laid down in the decisions referred to supra, political parties and various organisations are permitted to put up structures on footpaths and even on the right of way on public roads, all over the State. The protesters/agitators having political backing are even permitted to lay carpet and place chairs on the footpath. On account of such encroachments, pedestrians including those with disabilities and reduced mobility are forced to walk through the right of way of public roads, in unsafe circumstances. In view of the provisions under clause 5 SSCR No.19 of 2022 (4) of Regulation 5 of the Motor Vehicles (Driving) Regulations, 2017, the driver and the riders shall take special care and precautions to ensure the safety of the most vulnerable road users such as pedestrians, - cyclists, children, elderly and the differently abled persons. As per sub-clause (c) of clause (2) of Regulation 22, a vehicle shall not be parked on footpath, cycle path and pedestrian crossing. 23. In **S. Rajaseekaran v. Union of India [(2018) 13 SCC 516]** the Apex Court held that all States and Union Territories are expected to implement the Road Safety Policy with all due earnestness and seriousness. In Para 94.13 of the said decision, in the context of ‘Lane Driving’, the Apex Court held that the Ministry of Road Transport and Highways has already issued the Motor Vehicles (Driving) Regulations, 2017 which should be implemented by the State Governments and Union Territories strictly. 24. The service roads provided on the side of National Highway and bypass constructed as per the Manual of Specifications and Standards prescribed by the Indian Roads Congress in IRC:SP:73-2007 or IRC:SP:84-2009 cannot be converted as a parking space for commercial or other establishments, religious institutions, etc., or even for putting up temporary structures in connection with festivals in temples, churches, mosques, etc. or in connection with 6 SSCR No.19 of 2022 any protest by any political parties or for putting up temporary structures as resting place for headload workers, etc., or for putting up bus shelters by political parties or by any other organisations. Such service roads are for vehicular traffic, which has to be maintained as such, in conformity with the relevant standards prescribed by the Indian Roads Congress. The State holds public roads as a trustee on behalf of the public. By permitting encroachments on public roads by way of temporary structures on the right of way or on the pavements or on the pedestrian facilities provided on such roads, on political considerations or otherwise, the State Government or the concerned Local Self Government Institution is committing breach of trust. Any failure on the part of the designated authorities, contractor, consultant or concessionaire in maintaining the safety standards of public roads will attract the penal consequences provided under Section 198A of the Motor Vehicles Act, 1988. 25. In view of the statutory provisions referred to hereinbefore and the law laid down in the decision referred to supra, the roads constructed as per the standards and guidelines prescribed by the Indian Roads Congress has to be maintained as such, without any encroachment on the right of way or on the pedestrian facilities provided as per such standards 7 SSCR No.19 of 2022 and guidelines. No political party, organisation or trader can be permitted to encroach upon footpaths or right of way of public roads, in connection with any protests, demonstrations or trade, by erecting any temporary structures on the right of way or on the pedestrian facilities or by stocking articles for trade forcing pedestrians including those with disabilities and reduced mobility to walk in unsafe circumstances. Since the State holds public roads as a trustee on behalf of the public, the inaction on the part of the 1[st] respondent State and the Local Self Government Institutions in preventing such encroachments upon footpaths or right of way of public roads will amount to breach of trust. Any failure on the part of the designated authorities, contractor, consultant or concessionaire in maintaining the safety standards of public roads will attract the penal consequences provided under Section 198A of the Motor Vehicles Act. The 1[st] respondent State through the Enforcement Wing in the Motor Vehicles Department and the Police shall implement with all due earnestness and seriousness, sub-clause (c) of clause (2) of Regulation 22 of the Motor Vehicles (Driving) Regulations, which prohibits parking of vehicles on footpath, cycle path and pedestrian crossing and also other provisions in the said Regulations which cast a statutory duty of the drivers and vehicles riders of motor vehicles to ensure 8 SSCR No.19 of 2022 the safety of the most vulnerable road users such as pedestrians, cyclists, children, elderly and the - differently abled persons, in view of the direction issued by the Apex Court in **S. Rajaseekaran [(2018) 13 SCC 516]** that all States and Union Territories are expected to implement the Road Safety Policy with all due earnestness and seriousness. It is ordered accordingly.” 3. On 15.11.2022, when this matter came up for consideration, the learned Senior Government Pleader submitted that the repair and maintenance work of the entire road network leading to Sabarimala has already been completed. In Punalur-Ponkunnam State Highway, a 30 kms stretch from Punalur to Konni where upgradation work is going on, has already been made motorable. 4. Today, when this matter is taken up for consideration, it is submitted by the learned Senior Government Pleader that the entire road network leading to Sabarimala has already been maintained properly. Punalur-Ponkunnam State Highway, a 30 kms stretch from Punalur to Konni where upgradation work is going on, has already been made motorable. 5. Having considered the submissions made by the 9 SSCR No.19 of 2022 learned counsel on both sides, we deem it appropriate to dispose of this SSCR, in terms of the directions contained in the order dated 10.11.2022, **Suo Motu v. State of Kerala** ## **represented by the Chief Secretary [2022 SCC OnLine** **Ker. 5801]** . Since upgradation work is not over in a 30 kms stretch from Punalur to Konni in Punalur-Ponkunnam State Highway, where upgradation work is going on, the 7[th] respondent Chief Engineer, KSTP Projects shall conduct periodical inspections through the concerned Engineer in charge of that stretch, in order to ensure that there are no potholes in that stretch due to heavy vehicular traffic. The Special Commissioner, Sabarimala shall file reports before this Court, at least two months before the - commencement of each Mandala Makaravilakku festival season, along with a copy of the order dated 10.11.2022, **Suo Motu v.** ## **State of Kerala represented by the Chief Secretary [2022** **SCC OnLine Ker. 5801]** and also a copy of this order, seeking directions to the respective authorities to complete the maintenance and repair works of the road network leading to Sabarimala and maintain the roads and pedestrian facilities 10 SSCR No.19 of 2022 strictly in conformity with the relevant standards and guidelines referred to in the order dated 10.11.2022 and also to ensure strict enforcement of Road Safety Policy and the provisions under the Motor Vehicles (Driving) Regulations, 2017. Sd/- **ANIL K.NARENDRAN JUDGE** Sd/- **P.G. AJITHKUMAR** **JUDGE** PV