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Bombay High CourtSMWP/1/2016disposed of

_ v. State Of Goa, Thr. Its Chief Secretary And 3 ORS.,

2017-02-21F. M. Reis,Hon'Ble Kum. Justice Nutan D. Sardessai9 pages

IN THE HIGH COURT OF BOMBAY AT GOA

SUO MOTU WRIT PETITION NO.1 OF 2016 .... Petitioner V/s

1. The State of Goa through Chief Secretary, Porvorim, Goa.

2. The Superintendent of Police (Traffic), Panaji, Goa.

3. The Chief Engineer, Public Works Department Altinho, Panaji Goa.

4. The District Magistrate, North Goa, Panaji.

5. Goa State Infrastructure Development Corporation through its Managing Director, EDC house, 7th Floor, Dr. Atmaram Borkar Road, Panaji Goa 403001.

.... Respondents Shri Shivan Desai, Amicus Curiae.

Shri S.D. Lotlikar, Advocate General with Shri Pravin N. Faldessai, Additional Government Advocate for the Respondents. Coram:- F. M. REIS & NUTAN D. SARDESSAI, JJ.

Date:- 21st FEBRUARY, 2017 ORAL JUDGMENT : (Per F.M. REIS, J.) Rule. Heard forthwith with the consent of the learned Counsel appearing for the parties. Learned Counsel for the respondents waives service.

Heard Shri Shivan Desai, learned Amicus Curiae and Shri S.D. Lotlikar, learned Advocate General appearing for the respondents. 2.

The above Suo Motu Writ Petition was registered in view of cumulative traffic congestion at the approach road to the two Mandovi bridges over the river Mandovi joining Panaji with the Northern part of the State of Goa. On the earlier dates of hearing, interim orders were passed to ensure smooth flow of traffic. The learned Advocate General thereafter called for a meeting of all the concerned parties and after minutely identifying the reasons for such congestion has drawn remedial measures to be implemented as mentioned in the report submitted alongwith the additional affidavit filed by the respondent no.2. The remedial measures suggested are as follows:

REMEDIAL MEASURES TO EASE TRAFFIC CONGESTION: To ensure smooth flow of vehicular traffic on both the Mandovi Bridges and the Zuari Bridge following remedial measures be undertaken from Santrant Junction, Cortalim to O'Coqueiro Circle, Porvorim.

1. Stationing of staff : Traffic Police from Vasco, Panaji and Calangute along with IRBn staff be deployed along with Wireless Sets at below mentioned strategic junctions/intersections. The Call Sign is also mentioned against each location.

Sr. No.

Location Call Sign Santrant Junction TETRA-1 Cortalim Cross TETRA-2

Cortalim Junction TETRA-3 At the Start of Zuari Bridge TETRA-4 At the End of Zuari Bridge TETRA-5 At the Start of Goa Velha Bypass TETRA-6 At the End of Goa Velha Bypass TETRA-7 Siridao Bus Stop TETRA-8 GMC Bambolim Junction TETRA-9 Merces-Santa Cruz Junction TETRA-11 Merces Circle TETRA-12 KTC Circle, Panaji TETRA-13 Divja Circle, Panaji TETRA-14 At the Start of New Mandovi Bridge TETRA-15 At the Middle of New Mandovi Bridge TETRA-16 At the End of New Mandovi Bridge TETRA-17 Malim Circle TETRA-18 Near Alisha Bar & Restaurant, Porvorim TETRA-19 Way to Secretariat, Porvorim TETRA-21 Hero Honda Circle, Porvorim TETRA-22 Near Sanjay School, Porvorim TETRA-23 U-Turn opposite WRD Office, Porvorim TETRA-24 Near Azad Bhavan, Porvorim TETRA-25 Near Bhramakumari Meditation Centre, Porvorim TETRA-26 Ramdev Baba Bus Stop, Porvorim TETRA-27 Teachers Training College Junction, Porvorim TETRA-28 Infront of Mall de Goa, Porvorim TETRA-29 O'Coqueiro Circle, Porvorim TETRA-31 Holy Cross Chapel Junction, Porvorim TETRA-32

2. Patrolling : Motorcycle patrolling to be carried out by Traffic Police on the following sectors. As also Highway Patrol Vehicles form PCR to be deployed to maintain continuous patrolling.

Sr. No.

Sector Call Sign MOTORCYCLE PATROLLING Birla-Titan Junction to Zuari Bridge (Agacaim side) TETRA-30 Zuari Bridge (Agacaim side) to KTC Panaji TETRA-20 KTC, Panaji to O'Coqueiro Circle TETRA-10 HIGHWAY PATROL VEHICLE Monte Guirim to Malim Circle HP-03 Madovi Bridge to Zuari Bridge HP-04 Zuari Bridge to Agnel Ashram HP-07

3. Stationing of Cranes : To ensure immediate removal of break down vehicles and the vehicles involved in accidents Cranes are stationed at following locations.

Sr.

No.

Location Call Sign Near Maruti Temple, Cortalim (Heavy Crane of TC Vasco) SOUTH CRANE-9 Near new Mandovi Bridge, Panaji side (Heavy Crane of TC Panaji) NORTH CRANE-2 Near Malim Circle (Hydraulic Crane of Porvorim PS) CRAME-11 4.

Diversion of traffic in event of congestion : To ease the movement of vehicular traffic in event of a breakdown of a vehicle or an accident the vehicular traffic will be diverted at following locations till the breakdown/accident vehicle is removed.

a) Via Agacaim - Pilar - Goa Velha.

b) Via Malim-Betim-Gurudwara-Porvorim.

5. Diversion of Heavy/Medium Goods Vehicles: As the existing carriage way being insufficient to cater to the high volume of vehicular traffic, the Heavy/Medium Goods Vehicles desiring to cross Mandovi Bridge will be diverted at Banastrai, Merces and Karaswada Junctions between 0700 Hrs to 2100 Hrs to proceed via alternate route. However, Light Goods Vehicles will be permitted on Mandovi Bridge throughout. District Magistrate (North) vide letter dated 17/11/2016 has been requested to issue Notification in this regard. Traffic Signboards in this regard in this regard will be prominently displayed. 6.

Additional Ferry Services: Captain of Ports has already been

requested to deploy additional extra Ferry Services on Betim Panaji route and to reopen the Malim Ferry route which was in operation when the old Mandovi Bridge had collapsed.

7.

CCTV Cameras: Both the Mandovi Bridges and the Zuari Bridge on NH 17 form a major link between both the Districts and as such there is heavy movement of vehicular traffic throughout the day and night. Both these bridges have a single carriageway, in event of a breakdown of a vehicle or a minor accident on these bridges the entire vehicular traffic is thrown out of gear. Apart from vehicle breakdown and an occurrence of an accident, one of the causes of congestion on both the Bridges is dangerous overtaking & lane cutting by the motorist. Presently there is no mechanism to detect such violators. As such PWD vide letter dated 17/06/2016 has already been requested to install CCTV Cameras at both the ends of the Mandovi Bridges and the Zuari Bridge to detect traffic violators responsible for congestion.

8.

Role of Traffic Police :

a) Presence of Traffic staff at identified locations from 0700 Hrs to 2100 Hrs.

b) To ensure smooth flow of vehicular traffic. c) Immediate removal of vehicles involved in accident or breakdown. d) Immediate diversion of vehicles through available alternate routes. e) Immediate communication with counterpart. f) To undertake all possible traffic calming measures.

9. Role of District Police:

a) In event of an congestion PIs Verna PS, Agacaim PS, Panaji PS & Porvorim PS to personally rush to the spot with maximum staff. b) PIs Verna PS, Agacaim PS, Panaji PS & Porvorim PS to deploy sufficient staff at Zuari Bridge and Mandovi Bridges to undertake necessary action against vehicles involved in accidents. c) To ensure smooth flow of vehicular traffic. d) Immediate removal of vehicles involved in accident or breakdown. e) Immediate diversion of vehicles through available alternate routes. f) Immediate communication with counterpart. g) To undertake all possible traffic calming measures.

10. Role of SPCR, Panaji a) On receipt of information regarding congestion immediate communication with concerned Incharge of Traffic Cell/Police Station/Highway Patrol Van.

b) Considering the gravity superior officers viz. DYSP/SP (Traffic), District SP/SDPO, DIG, DGP be also informed.

c) Traffic Helpdesk be set up at SPCR.

d) Live Monitoring of traffic flow through Google Map.

e) Seek traffic status on hourly basis from 0700 Hrs to 2100 Hrs.

11. Traffic Helpline : A proposal to sanction two Toll Free Traffic Helpline (1095) is being moved to the Government. Till the same is approved by the Government the existing Toll Free Number 100 will also be used as Traffic Helpline. SPCR shall maintain a separate record of traffic related issues reported on 100 number. The deployment of staff is shown at Annexure - A. ANNEXURE - A Deployment of Police personnel from Santrant Junction, Cortalim to O'Coqueiro Junction, Porvorim Location 1st Shift (0700 Hrs to 1400 Hrs) 2nd Shift (1400 Hrs to 2100 Hrs) Sr.

No.

Total PSI/ASI PSI/ASI PSI/ASI HC/PC Santrant Junction - - Cortalim Cross - - Cortalim Junction At the Start of Zuari Bridge - - At the End of Zuari Bridge - - At the Start of Goa Velha Bypass - - At the End of Goa Velha Bypass - - Siridao Bus Stop - - GMC Bambolim Junction - - 10 Merces-Santa - - Cruz Junction 11 Merces Circle - - (Diversion of Heavy/Medium Goods Vehicles ) 12 KTC Circle 13 Divja Circle - -

14 At the Start of - - New Mandovi Bridge 15 At the Middle of - - New Mandovi Bridge 16 At the End of - - New Mandovi Bridge 17 Malim Circle - - 18 Near Alisha Bar - - & Restaurant 19 Way to - - Secretariat 20 Hero Honda - - Circle 21 Near Sanjay - - School 22 U-Turn Opposite - - WRD Office 23 Near Azad - - - Bhavan 24 Near - - Bhramakumari Meditation Centre 25 Ramdev Baba - - Bus Stop 26 Teachers Training - - College Junction 27 Infront of Mall de - Goa 28 O'Coqueiro - - Circle 29 Holy Cross - - Chapel Junction 30 Karaswada - - Junction ( Diversion of Heavy/Medium Goods Vehicles )

31 Banastarim - - Junction ( Diversion of Heavy/Medium Goods Vehicles ) 32 Motorcycle 01 PSI/ASI & 01 HC/PC Patrolling from Birla-Titan Junction to Zuari Bridge ( Cortalim side ) 33 Motorcycle 01 PSI/ASI & 01 HC/PC Patrolling from Zuari Bridge ( Agacaim side ) to KTC Panaji 34 Motorcycle 01 PSI/ASI & 01 HC/PC Patrolling from Malim Circle to Porvorim Bazar Total NOTE : In addition to above deployment PIs Verna PS, Agacaim PS, Panaji PS & Porvorim PS should deploy 01 HC each at Cortalim Junction, Zuari Bridge (Agacaim side), KTC Circle Panaji and Malim Circle respectively for undertaking immediate action against vehicle involved in accident.

TOTAL SOURCE PSI/ASI HC/PC Total TC Vasco TC Panaji TC Calangute TC Mapusa - TC Ponda - 2nd IRBn - Total 3.

Looking into the exhaustive manners in which such measures have been suggested, after considering the reasons for such traffic congestion,

we find that the above petition can be disposed off at this stage by considering the remedial measures in the said report referred to herein above as directions of this Court. The petition stands accordingly disposed off based on the said remedial measures referred herein above Rule in the above terms. Liberty to the parties to apply. NUTAN D. SARDESSAI, J.

F. M. REIS, J.

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