Apex court stays HC order on traffic mismanagement in UP

Challenging the legality of Allahabad High Court order on traffic mismanagement and encroachment of roads in cities...

Challenging the legality of Allahabad High Court order on traffic mismanagement and encroachment of roads in cities, the UP Government moved the Supreme Court on Friday.

Acting on the state’s appeal, a three-member Bench headed by Chief Justice KG Balakrishnan stayed the order passed in 2007. While granting an interim stay, the Bench also sought response from DGP, Lucknow, DGP Traffic Police, Lucknow, and other senior officers of state police.

The court also issued notices to commissioner, Nagar Nigam, Lucknow; vice-chairman, Lucknow Development Authority and Housing Commissioner, besides a few other officials.

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Hearing a PIL filed by one Manju Singh, a resident of Sahara Estate, Lucknow, the High Court last year had issued several directions to the UP Government.

Shali Kumar Dwivedi, additional advocate general who appeared for Uttar Pradesh, argued that the order was illegal and the High Court could not legislate, a power conferred upon the executive.

The High Court had asked the state Government to allow only low-floor buses in cites of UP. It also enhanced the fine to be imposed for traffic violations, like Rs 200 for two-wheelers and Rs 500 for three- or four-wheelers, when the statute prescribed imposing a fine of Rs 100 under the Motor Vehicles Act.

The state also questioned the High Court direction on impounding vehicles which were using pressure horn, black films, or any other red/blue light. “The High Court ignored that no vehicle could be impounded or seized for offences other than those prescribed under a particular section of the Motor Vehicles Act,” the counsel argued.

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Referring to earlier rulings, the state submitted that the said order amounted to encroaching on the functions of other organs of the state.