Shrawan Mehra v. The Lieutenant Governor And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA(P)/9/2023 Shrawan Mehra Vs.

The Lieutenant Governor and others Mr. M.K.Thakur ... for the petitioner Mr. Shatardu Chakraborty Mr. Dibesh Dwivedi ... for the respondents November 20, 2023 [SR] Item No.2

1. We have heard the learned counsel for the parties.

2. The petitioner has filed this writ petition as a Public Interest Litigation seeking direction upon the respondent no.1 to set up a judicial enquiry with regard to two fatal accidents occurred on 28th June, 2023 and 10th July, 2023 and to prepare safety measure so as to prevent accidents.

3. If the petition is carefully read, it would appear that the allegations are primarily directed against one M/s IMF Marketing and M/s Annaachi Chennai Store. It is alleged that due to encroachment of the land and construction of two buildings, the M.G.Road has become an accident prone zone.

4. The Deputy Superintendent of Police (Traffic) filed an affidavit, who has been duly authorized by the Director General of Police (respondent no.2). In the affidavit, two accidents have been explained in paragraphs 5 and 6.

5. The said paragraphs would show that the stand has been taken by the Administration that such accident did not occur due to any negligent conduct of the police authorities. The reason is not attributed to any encroachment of the land by the two entities as dealt in paragraph 12 of the said affidavit.

6. Prima facie it appears that there has been no negligence on the part of the police authorities in implementing the traffic rules.

7. In such circumstances, we dispose of this writ petition by observing that the police authorities shall strictly implement the traffic rules so as to prevent any accident and all the provisions of the Motor Vehicles Act shall be strictly implemented.

8. We are satisfied about the measures taken so far by the Administration with regard to safety measures to be followed in these islands.

9. The writ petition is accordingly disposed of. However, there shall be no order as to costs.

10.

Urgent certified copy of this order, if applied for, be supplied to the parties, upon compliance of usual formalities.

( Soumen Sen, J. ) ( Siddhartha Roy Chowdhury, J. )