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Published by dayanand nene on Aug 23, 2007


Traffic Police - Thane



India






 

 !

August 10, 2007

The Chief Justice,

Mumbai High Court,
Mumbai.

Sub : S O S APPEAL FROM RESIDENTS OF SAKET COMPLEX, THANE TO

STOP MOVEMENT OF HEAVY VEHICLES ON SAKET ROAD.

Respected Sir,

On behalf of 4000 residents residing in Saket CHS Ltd. and Saket

Towers, I am filing this letter to you with an urgent plea to kindly
intervene and give us relief for the various reasons mentioned under
alongwith facts :

1. Vide its order dated July 26,2006, the Mumbai High Court through
its respectable Judges, Justice RM Lodha and Justice Naresh H Patil,
restricted the movement of Heavy vehicles in the city of Thane, from
Majiwade junction to Meenatai Thackeray Chowk to K Villa up to Kalwa
Bridge and onwards towards Vitava and Belapur.

2. Delivering the judgement the Hon. Judges stated that (quote) : Pt.
no. 2 : The AGP informs us that a meeting of the Collector, Thane,
Commissioner, Thane, Municipal Commissioner, Deputy
Commissioner(Traffic), Thane and City Engineer, Thane Municipal
Corporation took place on July 24, 2006.
3. Pt. no. 3 of the said judgement further states that (quote) : The
AGP placed before us a change route map,marked X for identification
purposes. As per the said route map, the traffic from National Highway
No. 3 and National Highway No. 4 now passes through the road
marked by arrows from Navi Mumbai to Old Agra Rd. According to the
decision taken in the said meeting, the traffic from National Highway
No. 3 and National Highway No. 4 does not pass through Meenatai
Thackeray Chowk ( Castle Mill). We are thus satisfied that the
grievance of the petitioner raised through the PIL has been redressed
and no further orders need to be passed in the writ petition.(unquote).

4. After this order, the Thane Municipal Corporation and Traffic Police
diverted the entire traffic of Heavy Vehicles on SAKET MARG.

5. The area through which the traffic is now passing consists of a

cluster of 24 buildings( 7 storied) and 3 Towers ( 19 storied) ± all
residential premises. There is a School and Junior College in the area
which works in 2 shifts. In fact, there are less residential buildings in
the so-called city area from Meenatai
Thackeray Chowk to Kalwa Bridge, as the road passes through a big
lake on one side, a playground on the other side and a Jail premises
later.

6. We would like to stress here that the Hon. High Court does not
possess, nor is it expected to possess the specialized knowledge about
the effects of the movement of Heavy Traffic from different areas of
the City.

7. Looking at the trends seen for the last few years in the High Court
regarding PILs, it is noticed that the judiciary is now taking over the
role of Bureaucracy without having to take the responsibility and in the
course, instead of hauling up the concerned officers responsible for the
mess, the Courts are indulging in trying to sort out the mess itself.

8. In the current case, we would like to inform you that there are 4000
people residing in the Saket vicinity who are bearing the brunt of the
irresponsible decision to divert Highway traffic through a stretch of a
road meant for residential premises and constructed to withstand only
LIGHT VEHICULAR movement.
9. This diversion has created daily nuisance to these thousands of
people including school going children, pregnant women, senior
citizens and office-goers.

10. IT IS EVIDENT THAT THE THANE MUNICIPAL CORPORATION AND

TRAFFIC DEPT. PREFERRED TO KEEP THE HON. HIGH COURT IN DARK
ABOUT THE REGULAR CIVIL SUIT NO. 239/2005, FILED BY M/S.
DAYANAND NENE AND RAJENDRA ABHYANKAR, BOTH RESIDENTS OF
SAKET CHS LTD., WHICH IS PENDING IN THE CIVIL COURT, THANE,
FOR RELIEFS REGARDING THE VERY TRAFFIC ON THE SAID ROAD ON
VARIOUS GROUNDS INCLUDING THE POOR CONDITION OF THE
ROAD.

11. A survey conducted by the Thane Municipal Corporation, after

diverting this traffic on Saket Marg produced a shocking picture. It was
found that in 24 hours more than 14,000 vehicles ply to and fro on this
stretch of 4 kms ± movement which has destroyed the road and left
behind huge craters, rubble, pollution and NOISE POLLUTION.

12. Yes, during night time the noise levels due to constant brakeing
and honking by these vehicles reaches decibel levels exceeding 130.
The Supreme Court / High Courts have been pro-active in barring
usage of Loud Speakers or Crackers after 10 pm. So, our plea is ban
movement of Heavy Vehicles near Residential premises after 10 pm!

13. Here, we would like you to consider the following :

‡ Whether all parties present in the July 24 meeting have acted in
conformity with the provisions of the Motor Vehicles Act?
‡ If they have acted in conformity with the provisions of the Motor
Vehicles Act, whether the diversion of Highway led traffic through an
internal residential road can be construed of PROTECTING THE
INTEREST OF PUBLIC SAFETY AND DOES NOT AMOUNT TO VIOLATION
OF FUNDAMENTAL RIGHT AS GUARANTEED UNDER ARTICLE 21 OF
THE CONSTITUTION OF INDIA?

‡ Whether such disowning of responsibility which leads to residents

resorting to remedies of Raasta Roko or Bandhs are in the best
interest of society?

On this background, we have no alternative but to invoke

extraordinary jurisdiction of this Hon. High Court under Article 226 of
the Constitution of India for the protection of the rights of people as
guaranteed under Article 21 of the Constitution of India and seeking
redress of our grievance to implement the provisions of Motor Vehicles
Act so as to maintain and uphold the interest of Public Safety and not
allow it redundant at any cost and in any circumstances.
Hence this petition!!

Regards,

Dayanand Nene
A7/303, Saket CHSL,
Thane 400 601.
# 3290 4315/ 93239 60475.



BAN HEAVY VEHICLES ON SAKET ROAD AS PER PETITION.