Ban on vehicles in restricted areas: HC leaves it to state, says take a reasonable view

Jaswinder Singh Baidwan

Akhran da mureed
Staff member
The High Court today directed the state to take a reasonable view while granting and refusing permits to vehicles of those who either have offices or residences on the sealed/restricted roads of the town.
It further clarified that it had never stopped the plying of HRTC taxis from the State Bank of India building to Central Telegraph Building.
During the course of hearing, it was informed to the court that advocates were not being permitted to ply their vehicles from the Winterfield building to the Deputy Commissioner Office. The court directed Additional Chief Secretary (Home) PC Dhiman that their vehicles should not be stopped or challaned. It further directed him to ensure that the permits were issued to the advocates for plying their vehicles liberally on the restricted road from Kennedy Chowk to Boileauganj and back, taking into consideration the arduous duties discharged by them.
A Division Bench comprising Justice Rajiv Sharma and Justice Sureshwar Thakur passed this order on a petition dealing with the issue. The court also modified its earlier order vide which it had suspended the permits issued to ply vehicles between Shimla Club and Lift and between Railway Board Building and CTO to the extent that sealed stretch will be treated from the State Bank of India to CTO. The court also allows the vehicle of the General Officer Commanding of ARTRAC and his Second in Command to ply their vehicle with pilot and escort up to the main gate of ARTRAC near the SBI.
It further modified its order by directing that only MLAs, who are residing in the Metropole, can ply their vehicles from Shilli Chowk to Metropole but with a rider that the vehicle after dropping the dignitary, will not be parked on Core Mall Road, in any eventuality. It further directed the Additional CS (Home) that the ambulances should not be stopped on the restricted or sealed roads. It further clarified that any vehicle carrying patient will also be treated as ambulance.
The court observed that this order had been passed in the larger public interest to maintain sanctity of Shimla vis-a-vis right of free movement of citizens. The categorisation for issuance of permits on sealed roads violates the provisions of Article 14.
 
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