ORDER
P. S. Mishra, C. J.
1. Instant petition under Article 226 of the Constitution of India was first taken up on 23-6-1997 by a learned single Judge of the Court, who passed the following Order:
“The petitioner has sought to question the jurisdiction of the Respondents in the light of the 74th Amendment of Constitution of India with regard to the sanctions already granted for construction of 16 Fly-overs which are impugned in the above writ petition.
In view of the above, I feel it appropriate the matter be placed before His Lordship the Hon’ble the Chief Justice for posting the same” for being heard by a Bench under Rule 14(b) of Writ Rules.”
2. Styled as a public interest petition by the Convenor of the Roads and Traffic Committee of the petitioner-Society, which is allegedly a voluntary and non-political organisation formed in the year 1988, and registered accordingly under the Andhra Pradesh (Telangana Area) Cooperative Societies Registration Act, 1350 Fasli, the petitioner seeks the relief of a Writ in
the nature of Mandamus or any other writ or direction to prevent the Hyderabad Urban Development Authority from going ahead with the construction of Fly-overs at various laces in twin cities of Hyderabad and Secunderabad, as according to the petitioner-Society, the proposed construction of 16-Fly-overs at various places in twin cities are not based on proper environmental impact assessment and futuristic and realistic traffic volume/census and that the construction of Fly-overs is coming in the way of proposed Light Rail Transit System, which is a project already accepted in principle, and a further direction to constitute a Committee consisting of experts and representatives of public to study and report on the H.I.A. (Environmental Impact Assessment) and designs for f’uturistic traffic volumes. The deponent-Convenor has .stated in the affidavit, which has been filed in support of the petition that:
(i) traffic on the roads of Hyderabad and Secunderabad cities has become very heavy owing to increased population, very heavy incidence of vehicular traffic, inadequate roads and lack of foot paths and their occupation by petty vendors resulting in frequent traffic jams and high incidence of road accidents. This is further aggravated by parking of vehicles on road sides due to lack of parking space inmulti-storeyed complexes and other commercial establishments;
(ii) the population of Hyderabad Urban area has reached 4.7 millions (1991 Census) road length 400 Kms. (1991 Census), Road width of major roads has been increased, but there are several limitations to any further increase due to the cost factor. Increase in the number of roads in the core area of the city is also not practicable;
(iii) Motor vehicles have increased to about 7.5 lakh in Hyderabad and Secunderabad, besides the cycles and cycle rickshaws, bullock carts and stray cattle, it is estimated that one lack motor vehicles mostly two (2) wheelers are likely to be added every year. With this phenomenal increase, traffic jams are the order of the day on normal days and a nightmare for road users on the days when processions or public meetings are organised. A slightest incident dislocating traffic on any road has a cyclic effect on all roads leading to traffic snarils and jams. This increase in vehicles coupled with the indisciplined driving of motor vehicle owners and inadequate traffic
policing hass made driving in Hyderabad a virtual
nightmare. About 65% of air pollution in twin cities is attributable ot Automobile emissions containing Co. Nox., SO Lead, H.C. and participate mailers, which are toxic. As per the data published by A.P. Pollution Control Hoard. the citizens of Hyderabad, at present breath 6. 45.520 Kgs. of air pollutants every day. The pollutant reduce the ability of blood to carry Oxygen resulting in heart dis-orders. cause bronchial infections affecting upper respiratory tract. aggravate Asthnma and affect central nervous sysiem. It can only be imagined what the state of affairs would be in the next five years (2002) When the population is expected to go up to 65 Lakh and motor vehicles to 12 Lakh;
(iv) there is a dire necessity to restrain any further increase in the number of private motor vehicles on the road. The only alternative is an etieclivc an, I reliable public transport: system and !o regulate further registration of motor vehicles or regulate their use as has been attempted in the advanced countries. Hyderabad, unlike other metropolitan cities in India, is totally dependent on a public transport system based on buses. Andhra Pradeh State State Road Transport Corporation (A.P.S.R.T.C.) has been providing Bus transport service in twin cities with a Heel of 3070 buses at present. With this fleet itself they are crowding the roads of the city. If they are to be increased to 5100 buses by 2002 as planned to meet the needs of 6″ Lakh population and to log 7.98 Lkh KMs daily as compared to 6.98 Lkh KMs. nowthe congestion caused in the city by the buses can also be imagined. The frightening swtieno in 2010 AD v/oukl be ‘1600 buses ens-crossing 22.46 Lakh KMs along with at 25 Lakh motor vehicles to cater about 100 Lkh population in the city. Thus it is crystal clear that the Bus transport system has almost reached if, limitation and cannot grow any further without seriously dislocating oilier modes of Iransport, steeply increasing the already high incidence of traffic accidents and further aggravating the already serious problems of air pollution. It is also apparent that increase in the number of private motor vehicle needs to he discouraged, which is possible by only an efficient Public Transport System. This is recognised and accepted by the Government as represented by speech of the Hon’ble Chief Minister while inaugurating the
oil conservation on 1st February, 1997. A statement about the need for effective Public Transport System was emphasised for Indian-cities by Prof. Garel Rhys, Director. Central for Automobile Industry Research, University of Wales U.K. in the Article published in News Paper ‘Hindu’ dated : 1st April, 1997.
3. The affidavit has also proceeded to narrate the level of air pollution in the city and the havoc air pollution has caused for people who are living in the City and detailed how at various levels attempts have been made to study the traffic and environmental conditions and stated that the ”Government of Andhra Pradesh was requested by the petitioner-Society to halt the construction of Fly-Overs and review their decision consultation with Traffic Police, lixperts and Non-Government Organisations. Petitioner has then proceeded lo mention about some of the Constitutional provisions, including Arti-cles48-A, 51-A (g) and the provisions introduced by 74th Amendment of the Constitution. particularly Article 243 W and Article 243 ZF to asseit as follows ;
(i) in going ahead with construction of Fly-overs, which according to the petitioner, on the proposed alignment of Light Kail Transport System (L.R.T.S.) would adversely affect the quality of life by increased vehicular traffic and resuilant air pollution and associated problems; and
(ii) Fly-over project undertaken by the Urban Development Authority is in direct conflict and contrary to the Constitutional amendments which make the Self-Government i.e.. Municipal Corproation of Hyderabad responsible for construction, maintenance, alteration and improvements of Streets, bridges, sub-ways, culverts, cause-ways of streets etc.
4. Counter-affidavit has been filed on behalf ot” the third respondent by the Officer on Special Duty. Municipal Administration & Urban Development Department of the Government of the Stale in which it is stated as follows :
“….. the decision to construct 16 Flyovers in various places of twin cities Hyderabad and Secunderabad is due to rapid Urbanisation and consequent increase in motor vehicles, two and three wheelers in the city. the traffic problems have increased and accidents are taking place at
alarming rule. Traffic experts fell that it is high time to take up traffic improvement schemes keeping in view me present and further needs ….. Under Hyderabad mega
City project, special emphasis has been laid for up-grading the road net work system and also for construction of flyovers to ease the traffic bottlenecks and problems. It is a fact that the population of’ Hyderabad has ben growing at alarming rate and there is heavy vehicular traffic on major roads. Keeping the above in view Municipal Corporation of Hyderabad has appointed centre for Transportation Engineering. Regional Engineering College. Warangal headed by Prof. S. Raghavachary as Technical Consultant for detailed study and report. This study is called Hyderabad Area Transportation Study (HATS). Government in principle accepted the recommendations of the HATS. In this reports it is recommended to include 85 junctions for grade seperation (flyovers) of which 18 flyovers were recommended as immediately feasible for construction. Government after careful texamination of study report have accorded administrative sanction for 16 flyovers ….. increase in vehicle
population in turn increases air, pollution, and to
restrain further increase of vehicles on the roads
and their registration as well as, introduction of
public transport system, it is but natural that any
increase in vehicle population will also
automatically, increase the, air pollution also
subject to any checks and measure to contain air
pollution. India being the developing country
restraining the.manufacture of cars and vehicles
and other two wheelers, restraining their purchase
and refusing the registration will have its impact
on the economy, employment problems. G.N.P.
etc. It is hut natural that as the population increase
the economy improves and the per capital income
increases. the purchasing power of people also
improved and there is no law presently to restrain
purchase of vehicle and their registration by the
Government. Regarding the Light Rail Transit
System, State Government after taking all the
facts and circumstances, both the feasibility and
financial viability, took a polies decision lo
establish flyovers and granted both administrative
and financial sanction. The total cost of the
Flyover Project is Rs. 136 crores. The work, as
already staled above was entrusted to various
parties. Large amounts were already expended by Hyderabad Urban Development Authority and the parlies are preparing and commencing the works. In several places the work was already started and it is in progress. Roughly Rs. 8.25 crorcs has been spent in this regard. Any undue delay in the implementation of this project of flyovers will escalate the cost and is not in the public interest t0 abandon the scheme at this stage. The feasibility of flyovers was made to public as early as in November. 1995 and January, I996 and several suggestions were made in the news papers including the President of the petitioner-Society. Sri J. Rama Rao. The pctitioncr-Sociely is fully aware of the same. The paper statement include views for and against the scheme and also the views given by its President. The Government was fully aware of the same and directed to go ahead with the project. Both L.R.T.S. and the Ryovers can coexist. If ultimately in some places, the UR.T.S. is to be established, the alignment can be changed but it is a different thing to say that the flyover project should not be implemented …..
….. there was full discussion at every stage
–the establishment of a Committee under the Chairmanship of Prof, S. Raghavachary, the report submitted by the said Committee, the discussion on the subject of flyovers by the Committee on decongestion of Traffic of which the President of the Society is a member, the discussion at various
levels during finalisatio of the Mega City Project, the Master Plan Workshop, the views expressed by the enlightened public from time to time all go to show that the establishment of the project i.e., construction of flyovers to case traffic congestion at busy centres during peak hours is an absolute necessity and it will subserve the purpose…..the workshop held on 26-10-92 on Traffic and Transportation in twin cities. some participants suggested for L.R.T.S. and some suggested to take up the scheme under BOOT (Built, own Operate and Transfer) programme in view of heavy financial involvement and the feasibility report of the RITES on LRTS’ is still to be submitted. It is estimated that this LRTS will cost about Rs.4000 crores as against Rs.307 crores estimated then……in order to find out various solutions to traffic and transportation problems in the twin cities and its surrounding areas, the
HUDA. the MCH and the A. P. State Road
Transport Corporation have appointed centre for Transportation Engineering. Regional Engineering College. Warangal, headed by Prof. S. Ragbava Chari. us Technical Consultants, for a detailed study and report. This Study is called the ‘Hyderabad Area Transportation Study (HATS)’. The appointment of the said Technical Consultants was in 1983. They have submitted their final report in I98K with recommendations broadly categorising them under (i) Immediate Improvement Plans (ii) Short Range Plans (iii) Mid Range Plans and (iv) Long Range Plans. After receipt of the Report. Government sanctioned 18 Flyovers as immediately feasible for construction. The projection of total intersection traffic of major junctions in city was for next 20 years us per the HATS report. Government provided necessary funds for the above flyovers including provision of traffic signals, relocation of electric poles, street lighting, appointment of Rail India Technical and Engineering Services Ltd. (RITES) for detailed study of various alternatives for Mass Rapid Transport System submitted by HATS viz… Light Rail Transit System, Government in G.O.Ms. No. 270. MA. dated 7-3-1994 have also appointed a Committee with following members on decongestion of Hyderabad Metropolitan Area. the Chief Secretary as the Chairman:
1. Principal Secretary to Govt.
M.A. & U.D. Department ... Member 2. Principal Secretary to Govt. T,R. & B. Department ...-- do-- 3. Principal Secretary to Govt. Home Department ...--do-- 4. General Manager. Railways ...--do-- 5. Commissioner of MCH ...--do-- 6. Commissioner of Police ...--do-- 7. Sri Shravan Kumar, 1AS (Rctd.) INTACH ...--do-- 8. Sri Vijayakar. President SPKQUL ... --do-- 9. Prof. Raghavachari. Warangal REC ...--do-- 10. Director. Marketing 11. MD Hyderabad Metropolitan Water Supply and Sewerage --do-- Board --do-- 12. Chairman. APSEB ...Member 13. Engineer-in-Chief, Roads ...--do-- 14. V. C. Hilda ...--do--
The Committee considered various matters including HATS Report and also the desirability of construction of Flyovers as suggested in the HATS report. Notices about the meeting of the Committee were sent including the President of the petitioner-Society. Incidentally it may be mentioned that Sri Vijayakar. a Reld. Secretary to the Government of India in the Ministry of Urban Development and the President of the Society attended the meeting on 7-7-1994. Apart from HUDA in order to have a close look at the Flyovers, had taken the assistance of M/s. Kirloskar Constructions Ltd. in this regard. The said consultants went into the matter in detail and feasibility of erecting flyovers and other technical details thereof taking into consideration the recommendations of HATS. After examining the recommendations of H ATS report, the Workship on Master Plan 2011, the direct ions given by the Hon’ble Chief Minister and the Report of the M/s. Kirloskar Constructions, a Project Report for construction of 18 Flyovers/bridges was prepared. The above report was discussed in a series of meetings and the flyover were included under Mega City Project. The cost of which is partly funded by Central Government. State Government and partly by way of loans. Government accorded administrative and financial sanctions and the Slate level Sanctioning Committee under the Mega City Project comprising the Chief Secretary as Chairman and representatives of Central and -State Govern-ments and Planning Commission in its meeting held on 6-11-95 and 8-1 -96 approved the Project for financial assistance …..
….. Grade separators or Flyovers can be
constructed only at the Traffic Intersections and not elsewhere and anywhere, whereas the alignment of L.R.T.S. can be changed. In fact the Committee appointed by Government in G.O.Ms. No. 1239. TR&B Department, dated 12-12-1996 to re-examine the viability of flyovers that are coming upon the alignment of L.R.T.S. observed that the realignment of L.R.T.S. can be done though it becomes costly. The detailed feasibility of L.R.T.S. is yet to be studied and it lakes sufficiently long lime for its implementation. whereas the flyovers have reached the stage of implementation and are being implemented.”
5. Those speak in public interest, and even though are assisted by counsel, at the hearing of the matter, on many occasions fail to appreciate that their commitments and zeal to keep cities and towns clean, green and pollution free, some times appear as obsessed, and instead of any help to the cause, work to its detriment. This court in S. R, Ramanujam v. Chief Secretary to Government. (1997) 2 Andh LT 512, had the occasion to deal with An. 243 W and Art. 243ZF of the Constitution of India, which together spell out the powers, authority and responsibilities of Municipalities, and speak on continuance of existing laws on Municipalities, us well as XII Schedule which is introduced by 74th Amendment Act. 1992. What is contemplated by Art. 243 W is that the Legislature of a State may. by law, endow the Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Municipalities. subject to such conditions as may he .specified therein, with respect to the preparation of plans for economic development wild social justice, the performance of functions and the implementation of schemes as may be entrusted to them including those in relation to the matters listed in Twelfth Schedule. Article 243ZF continues any provision of any law relating to Municipalities in force in a State immediately before the commencement of the Constitution (Seventy Fourth Amendment) Act. 1992, which is inconsistent with the provisions in this behalf introduced by the 74th Amendment to be in force until amended or repealed by a competent legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier and that all the Municipalities existing immediately before such commencement would continue till the expiration of their duration, unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly. Matters enumerated in Schedule-XII thus continue to he a State subject and the State’s executive power being co-extensive with subjects of legislation docs not in any manner go out of its hands except to the extent under the laws made by the legislature. The State’s powers it re restricted. In the judgment aforementioned the court has also taken notice of various provisions of the
Municipalities Ad. It is nowhere, however, seen in the Hyderabad Municipal Corporation Act that obligation s for the construction, maintenance. alteration and improvements of streets, bridges, sub-ways, culverts, cause-ways or the like vested in the self-government called Municipal Corporation wouId denude the State Government of its power to create roads and other necessary facilities for the City of Hyderabad.
6. One can easily see the contradictions under which the petitioner-Society has prepaid itself for a battle in the court with the construction of Flyovers in the City of Hyderabad. At times its approach has almost been bordering a famacy. We fail to see how improved road conditions would stand against any Rapid Rail System which in due lime can be created. We find it difficult to imagine that some one who knows about the congestion the roads of the city arc facing would advice against improvement in the road conditions. It is one thing to say t hat for improved traffic in the city a Light Rail Transit System shall substantially improve the traffic of the general public and help commuters substantially and another to say that go only for such a system and give no care to improve the road conditions of the city. Respondent’s affidavit is clear and categorical. It admits that there is imminent need for improved traffic conditions and the Light Rail Project is one such option which is under consideration. Respondents appear to he clear that the city needs to have a phased development of mads and traffic facilities and that wherever fly-overs appear to traverse the route of Light Rail Transport System necessary adjustments would he made for re-rout ing the railway.
7. learned Advocate General appealing for the respondents has conceded, however, that in course of construction of fly-overs some trees would he cut and there would he some loss of the existing greenary in the city. He has. however, assured the Court that no endeavour will be spared to not only restore the greenary which is damaged on account of construction of the flyovers, but create much more greenary in and around the city to improve the environmental conditions. The statement in the affidavit that Railway Project is under active consideration and the assurance by the learned Advocate General that greenary will not only be restored but Improved is enough to satisfy the needs of those
who seek a green, clean and pollution Tree city.
8. Before we part with the case, we propose to record (hat some cities of the country have already taken measures to eliminate the use of such gases for vehicles which cause air pollution. Hyderabad being a major city and with persons who do care for pollution control, as its citizens cannot be behind other cities in resorting to such controls which other cities have introduced. Respondents have admitted the presence of pollutants in their air and emissions of the vehicles which are on the roads of the city and are also aware that along with increasing number of vehicles apart from increasing traffic hazards. there shall be increase in pollution. A separate proceeding has been taken up in Writ Petition No. 1547/97 for measures to be taken for controlling the pollution caused by petroleum products, particularly gases, pelrolem and other oils, which are used by the motor vehicles and separate directions in this behalf are likely to be issued by the Court in the said case. We state in no uncertain terms that the respondents shall be failing in the discharge of their duties, if they would not endow sufficient consideration to pollution control and delay in taking steps for such control measures which arc essential.
9. For the reasons aforementioned, we find no merit in the petition. The petition is dismissed. No costs.
10. Petition dismissed.
