in the high court of gujarat at ahmedabad

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

MISCELLANEOUS CIVIL APPLICATION NO. OF 2019

(For Contempt)

IN

WRIT PETITION (PIL) NO. 170 OF 2017

Mustak Hussain Mehndi Hussain Kadri …Applicant

Versus

Dr. Jagadip Narayan Singh, IAS

and Another …Opponents

INDEX

Sr. No. Annexure Particulars Page

Nos. 1 - Synopsis A – B 2 - Memo of the petition 1 - 21

3 A Collectively

Copies of the Oral Judgment dated 11.05.2018 and 07.08.2018 passed by this Honourable Court in Writ Petition (PIL) No. 170 of 2017.

22- 122

4 B Collectively

Copies of electronic local media and the local newspapers indicating the noncompliance of the directions issued by this Honourable Court

123 - 133

5 C

Copy of the Order passed in M.C. Mehta v. Union of India and Others. reported in 2019 SCC OnLine SC 1161.

134 - 143

6 D Copy of the newspaper report published in the Times of India 144 - 145

7 E Copy of the Parking Policy for Surat City, sanctioned by the State Government on 05.12.2018

146 - 173

A IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

MISCELLANEOUS CIVIL APPLICATION NO. OF 2019

(For Contempt)

IN

WRIT PETITION (PIL) NO. 170 OF 2017

Mustak Hussain Mehndi Hussain Kadri …Applicant

Versus

Dr. Jagadip Narayan Singh, IAS

and Another …Opponents

SYNOPSIS

By way of this applicantion, the applicant says that there has

been little or no compliance with regard to the directions issued by

this Honourable High Court (Coram : Honourable Mr. Justice M.R.

Shah [As His Lordship then was] and Honourable Mr. Justice.

A.Y.Kogje) in the aforesaid judgments at Annexure – A

Collectively, in respect of the poor condition of public roads and

streets, potholes on roads, menace of stray cattle on public roads,

providing adequate parking spaces, traffic congestion problems,

removal of all type of encroachments on roads which are obstructing

B free movement of vehicles as well as pedestrian movement, ensuring

that vehicles of the persons are parked in parking place so as to result

in no vehicles being parked on public roads and service roads ,

noncompliance of the directions issued in Suo Motu vs. Ahmedabad

Municipal Corporation and Others reported in 2006 (2) GLR 1129

and in Sharda Sahkari Gruh Mandali Ltd. And Ors. v. Ahmedabad

Municipal Corporation and Ors. reported in 2006 (2) GLR 1765

and, more particularly, the directions issued in Paragraph No. 29 by

this Honourable Court of the Oral Judgment dated 11.05.2018 and

also of the directions issued in Paragraph No. 10 by this Honourable

Court of the Oral Judgment dated 07.08.2018.

Hence, the present application.

C/WPPIL/170/2017 JUDGMENT


R/WRIT PETITION (PIL) NO. 170 of 2017

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE M.R. SHAH sd/-andHONOURABLE MR.JUSTICE A.Y. KOGJE sd/-==========================================================1 Whether Reporters of Local Papers may be allowed to

see the judgment ?Yes

2 To be referred to the Reporter or not ? Yes

3 Whether their Lordships wish to see the fair copy of the judgment ?

No

4 Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder ?

No

==========================================================MUSTAK HUSSAIN MEHNDI HUSSAIN KADRI

VersusSTATE OF GUJARAT

==========================================================Appearance:MR AMIT M PANCHAL(528) for the PETITIONERMRS MANISHA LAVKUMAR, GOVERNMENT PLEADER(1) WITH MR RONAK RAVAL, ASSISTANT GOVERNMENT PLEADER for RESPONDENT(s) No. 1MR KAMAL B TRIVEDI, SENIOR ADVOCATE WITH MR SATYAM Y CHHAYA(3242) for RESPONDENTS No. 2,3,4,5==========================================================

CORAM: HONOURABLE MR.JUSTICE M.R. SHAHandHONOURABLE MR.JUSTICE A.Y. KOGJE

Date : 11/05/2018

ORAL JUDGMENT

(PER : HONOURABLE MR.JUSTICE M.R. SHAH)

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Downloaded on : Mon Oct 21 14:35:01 IST 2019

ANNEXURE - A Collectively 22


1. The present Public Interest Litigation under Article

226 of the Constitution of India has been filed pro bono publico

by the petitioner to prevent further injury, further

inconvenience, damage to the property and curbing loss of life

and with a view to enforce the Rule of Law, redressing public

injury and enforcing public duty.

2. The petitioner seeks directions against the

respondents to forthwith take all necessary immediate steps

within the jurisdictional limits of the Ahmedabad Municipal

Corporation to carry out all necessary repairs for restoration of

all public roads/ streets by leveling, metaling, paving,

channeling, repairing, protecting, thereby making roadworthy

and motorable, the public roads/ streets for all categories of

vehicles, namely, two-wheelers, three-wheelers, four-wheelers

and above, so as to ensure the safety and well being of the

commuters/ residents/ citizens using public roads/ streets by

deploying maximum workforce and complying the same with

utmost expedition so as to make all public roads/ public streets

in the city of Ahmedabad motorable and roadworthy and which

are not having any potholes and other defects. The petitioner

has prayed for the following reliefs:

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“(A) Directing the respondent no. 2 herein to

forthwith personally ensure and direct that all

necessary and immediate steps are taken within

the jurisdictional limits of the Ahmedabad Municipal

Corporation to carry out all necessary repairs for

restoration of all public roads/streets by leveling,

metaling, paving, channeling, repairing, protecting,

thereby making roadworthy and motorable the

public roads/streets, for all categories of vehicles,

namely, two wheelers, three wheelers, four

wheelers and above, so as to ensure the safety and

well being of the commuters/residents/citizens

using the public roads/streets, by deploying

maximum workforce and completing the same with

utmost expedition so as to make all the public

roads/public streets in the city of Ahmedabad

motorable and roadworthy and which are not

having any potholes and other defects, which are

presently clearly visible from the reports annexed

to this writ petition at Annexure A Collectively;

(B) Direct the respondents to submit a Report to

this Honourable Court, of completion of the

aforesaid road/street repair work within the

jurisdictional limits of the Ahmedabad Municipal

Corporation as mentioned in prayer 10(A) above;

(C) Directing the respondents to pay compensation

as may be found appropriate by this Honourable

Court, to the residents/commuters/citizens for the

loss of property and life caused to such persons,

due to accidents caused to them in view of the

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substandard, pathetic and harmful public

roads/streets in such manner and within such time

as may be found appropriate by this Honourable

Court;

(D) Take action under Article 215 of the

Constitution of India against the erring person/s, for

not complying with the directions issued by this

Honourable Court in the judgment referred to in

paragraph 8.5 and whom this Honourable Court

finds responsible in view of the report that may be

submitted by the respondent no. 1.

12 (DD) Issue appropriate directions to the

respondents as may be deemed necessary and

found proper by this Honourable Court, with a view

to ensure that in future such situation as is

indicated in Annexure A Collectively, does not recur

and to suggest appropriate measures to prevent

and control such a situation with a view to

safeguard public interest and to prevent public

injury and be further pleased to direct the

respondents to:

(i) Display the details of Contractors name, the

length of road constructed and the number of times

the same road stretch has been resurfaced and the

amount or value of contracted work be put in public

domain (both on website and at work site) the

moment the roadwork is assigned to the

construction company and the Measurement Book

be directed to be put on Ahmedabad Municipal

Corporation website for public scrutiny;

(ii) Fix the penalty amount charged on errant

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Contractors at 10% of the overall contract value of

the roadwork, if the Contractor is caught not

adhering to the tender terms and conditions;

(iii) Increase the security deposit of Contractors

made with the Ahmedabad Municipal Corporation to

20% instead of the rate of 5% prevalent today;

(iv) Raise the defect liability period

(warranty/guarantee) for each road constructed by

the Contractor from three years to five years;

(v) Monitor the road construction activity by the

concerned Engineer of the Ahmedabad Municipal

Corporation and to ensure procuring final bills of

the work done by the Contractor immediately and

thereafter putting them in public domain to ensure

monitoring by the Engineers viz. detection of poor

construction work by the Contractor;

(vi) Establish a Public Injury Board to ensure that

proper compensation is doled out to victims who

suffer because of poor construction of roads or any

other public infrastructure with the Board having

adequate powers to even penalize responsible

officers and erring Contractors;

(vii) Constitute an independent Technical Advisory

Committee of Experts for the Ahmedabad Municipal

Corporation in the field of road engineering and

construction in order to advise and monitor the

Ahmedabad Municipal Corporation in matters

relating road design, construction, quality aspects,

specifications, maintenance management, etc.,

similar to the model directed by the Honourable

Bombay High Court in the case of Kewal Semlani vs.

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Commissioner of Bombay and others, reported in

2005 SCC OnLine Bom 528 : (2005) 4 Bom CR 25,

where a State Technical Advisory Committee was

constituted by Pune Municipal Corporation vide

Municipal Commissioner Office Order No 67 dated

07.05.2007.”

(E) Pending the admission, hearing and final

disposal of this petition, Your Lordships may be

pleased to:

(i) Direct the respondent no. 1 to forthwith provide

and immediately make available to the respondent

no. 2, all assistance, including financial assistance,

officers, workforce, machinery, equipment and raw

materials, to enable the respondent no. 2 to carry

out repairs for restoration of all public roads/streets

by leveling, metaling, paving, channeling, repairing,

protecting, thereby making roadworthy and

motorable the public roads/streets, for all

categories of vehicles, namely, two wheelers, three

wheelers, four wheelers and above, so as to ensure

the safety and well being of the

commuters/residents/citizens using the public

roads/streets, by deploying maximum workforce

and completing the same with utmost expedition so

as to make all the public roads/public streets in the

city of Ahmedabad are motorable and roadworthy

and which are not having any potholes and other

defects, which are presently clearly visible from the

reports annexed to this writ petition at Annexure A

Collectively;

(ii) Direct the respondent no. 2 to file an

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undertaking to this Honourable Court declaring that

the respondent no. 2 would forthwith take all

required steps for carrying out repairs for

restoration of all public roads/streets by leveling,

metaling, paving, channeling, repairing, protecting

and thereby making roadworthy and motorable all

the public roads/streets, within the jurisdictional

limits of the city of Ahmedabad, pliable for all

categories of vehicles, namely, two wheelers, three

wheelers, four wheelers and above, so as to ensure

the safety and well being of the

commuters/residents/citizens using the public

roads/streets, by deploying maximum workforce

and completing the public roads/streets repair with

utmost expedition, after which the said public

roads/streets do not have any potholes and other

defects, which are presently clearly visible from the

reports annexed to this writ petition at Annexure A

Collectively, and submit a weekly report to this

Honourable Court of the progress made with regard

to the said road repair work;

(iii) Direct the respondent no. 1 to make an inquiry

so as to find out the person/s responsible for the

condition of the public roads/streets within the

jurisdictional limits of the Ahmedabad Municipal

Corporation in the city of Ahmedabad and to

present the Report of the said inquiry to this

Honourable Court, indicating the action proposed to

be taken against the erring person/s responsible for

the condition of the public roads/streets as

indicated in Annexure A Collectively, within such

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time as may be found appropriate by this

Honourable Court;

12 (E) (iv) (a) Restrain the respondent no. 2 from

making payment on and from August 08, 2017, of

any amount to any Contractor, who has undertaken

road contracts with the Ahmedabad Municipal

Corporation for construction/repair/maintenance,

etc., of roads within the jurisdictional limits of the

Ahmedabad Municipal Corporation, from the

amounts indicated against the name of the

respective Contractors in Annexure C without the

permission of this Honourable Court;

(b) Direct the respondent no. 2 to: -

(i) Place on record before this Honourable Court, the

Measurement Book of Ahmedabad Municipal

Corporation maintained by the Engineer concerned,

in respect of all the roads under repair and

maintenance and which would indicate the quality

of raw materials used, the extent of road under

defect of liability, the period of the same, the length

and details of the roads in question that were

washed away together with the amount spent by

the Ahmedabad Municipal Corporation towards the

same, and giving details of the amounts earmarked

for the said purpose for being paid for the aforesaid

repair and maintenance work to the Contractors for

all roads in the city of Ahmedabad which are within

the jurisdictional limits of the Ahmedabad Municipal

Corporation;

(ii) Direct the respondent no. 2 to place before this

Honourable Court the details for which the notices

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have been issued to the Contractors by the

Ahmedabad Municipal Corporation and the action

proposed to be taken against the erring

Contractors.”

(F) Pass such other and further Order/s as may be

deemed just and proper;”

3. It is the case on behalf of the petitioner that earlier,

number of directions came to be issued by this Court in a

reported decision in the case of Sharda Sahkari Gruh

Mandali Ltd. And Ors. v. Ahmedabad Municipal

Corporation And Ors. reported in 2006 (2) GLR 1765. It is

the case on behalf of the petitioner that number of directions

came to be issued by the Division Bench of this Court directing

the respondent – local authorities, including the Ahmedabad

Municipal Corporation to take steps to see that public roads

are constructed and maintained in good condition so as to

facilitate smooth flow of traffic. It is the case on behalf of the

petitioner that in the said decision, the Division Bench

observed that though there are ample of provisions in various

Acts such as Bombay Provincial Municipal Corporations Act,

1949, as well as the Gujarat Panchayats Act, 1993, the

authorities in charge of implementing the provisions have not

properly discharged their duties nor any vigilance is shown for

implementing such provisions with the result that the said

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provisions remain in the statute book the same being

implemented in proper spirit. In the said decision, it is further

observed that a duty is cast upon the State Government as

well as the local civic bodies to curb the menace of stray cattle

and remove unauthorised encroachment on public roads and

also to see that public roads are constructed and maintained

in good condition so as to facilitate smooth flow of traffic. In

the said decision, it is further observed that these authorities

have also been equipped with powers and are provided with

adequate machinery to fulfill these objects. In the said

decision, it is further observed that when this be the position,

it is not only moral but statutory obligation which is required to

be discharged by these authorities faithfully and with all

sincerity. It is further observed that any callous or indifferent

attitude by these authorities has to be looked upon by the

Court very seriously. In the said decision, it is further observed

that law on “right to life” under Article 21 of the Constitution of

India is very well defined, and it is, therefore, a fundamental

right of the public to enjoy life free of stray cattle menace,

traffic congestion, etc. It is the case on behalf of the petitioner

that while issuing these directions, the Division Bench of this

Court had taken note of digging of roads for laying of cables,

pipelines, etc. and need of effective coordination between

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various agencies. It is the case on behalf of the petitioner that

in the aforesaid decision, as far as back in the year 2006, the

Division Bench of this Court directed the local authorities such

as the Municipal Corporations, Municipalities, Panchayats,

Development Authorities to regularly inspect the condition of

roads within their limits and conditions of roads should be

inspected before the monsoon and maintained after monsoon.

It is the case on behalf of the petitioner that in the said

decision, the Division Bench also directed that the roads are

required to be inspected periodically so that if any repairing

work or any resurfacing work is required, the same can be

accordingly done so that public at large may not face any

difficulties. The Division Bench observed that the concerned

authorities shall monitor this aspect regularly. It is the case on

behalf of the petitioner that in the said decision, the Division

Bench also further observed that it is the duty of the

concerned authorities to ensure that the work is allotted to

such contractors who are capable of doing such work without

delay and at the same time, without compromising with the

quality. It is the case on behalf of the petitioner that by

observing so, the Division Bench further directed that the

concerned authorities shall monitor the condition of the roads

regularly and if it is found that roads are damaged due to

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heavy rainfall or by any other reason whatsoever, the

authorities shall see to it that without any undue delay, the

same are repaired or resurfaced. It is the case on behalf of the

petitioner that the Division Bench also issued directions as

regards the problem of stray cattle/ animals on roads and this

Court directed the concerned authorities to enforce

appropriate laws in connection with the same. The Division

Bench further directed that appropriate preventive as well as

curative measures would be taken by the concerned

authorities to prevent the problem more effectively during

monsoon period. The Division Bench also further directed that

the authority shall take appropriate action against the owners/

persons who are leaving their cattle to stray on the roads so

that such persons are not tempted to repeat the same again.

4. It is the case on behalf of the petitioner that despite

the specific directions issued by the Division Bench of this

Court contained in the reported judgment in the case of

Sharda Sahkari Gruh Mandali Ltd. And Ors. v.

Ahmedabad Municipal Corporation And Ors. (supra), and

despite there being ample provisions in the relevant Acts,

more particularly, BPMC Act, things have not been improved. It

is the case on behalf of the petitioner that it is very

unfortunate that in spite of various orders passed by this Court

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and repeated assurances given to this Court to comply with

the directions and orders, either no effective steps are taken

by the Ahmedabad Municipal Corporation to remove stray

cattle and/or impound the stray cattle which are moving free

on roads and/or there is no supervision by the officers. It is

the case on behalf of the petitioner that despite the specific

directions issued with respect to maintenance of roads and to

maintain the same in good condition and despite huge amount

of money being spent every year for repair/ resurface of roads,

things have not improved and virtually every year, post

monsoon, the conditions of the roads are such that the citizens

are suffering.

5. Shri Amit M. Panchal, learned advocate appearing

on behalf of the petitioner, has vehemently submitted that as

such, there is no will on the part of the authorities to comply

with the directions issued by this Court time and again and the

ultimate sufferers are the citizens of the city who, in fact, pay

taxes and in return, do not get proper facilities. It is submitted

that there is no proper supervision and/or monitoring by the

authorities/ officers of the Corporation. It is submitted that

because of the poor quality of material used and thereby

because of the poor quality of roads, frequently, the

Corporation is required to spend huge amount for repairing/

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resurfacing, for which the ultimate burden would be upon the

public exchequer. It is further submitted by Shri Amit Panchal,

learned advocate appearing for the petitioner, that there is no

coordination between the various agencies who dug the roads

for the purpose of laying cable, pipelines, etc. namely, the

electricity company, telephone and broadband companies and

other agencies. It is submitted that there is no proper

monitoring and/or supervision by the concerned officers after

the permissions are granted to such agencies to dug the roads

for public purpose and there is no proper and effective

monitoring and supervision to see that roads are restored to

their original position as they were prior to digging by the

concerned agencies. It is submitted that even on the aforesaid,

directions issued by this Court in the case of Sharda Sahkari

Gruh Mandali Ltd. And Ors. v. Ahmedabad Municipal

Corporation And Ors. (supra), have not been complied

with and / or implemented which tantamount to contempt. It is

further submitted by Shri Panchal that apart from the fact that

a statutory duty is cast upon the Corporation/ local body to

maintain the roads/ public roads/ streets in a good and

motorable condition, the Corporation is bound to comply with

the directions issued by this Court from time to time, more

particularly, those issued in the case of Sharda Sahkari Gruh

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Corporation And Ors. (supra).

5.1 Shri Panchal, learned advocate appearing on behalf

of the petitioner has referred to the various orders, even

passed in the present proceedings and the directions issued

from time to time. It is submitted that no concrete steps are

taken by the Corporation and its officers to comply with the

orders / directions issued by this Court from time to time in the

present proceedings and it appears that the officers are under

an impression that the moment the matter is adjourned, they

are not required to do anything till the matter is again notified

on the next date. It is submitted that though the present

proceedings are adjourned time and again and various

directions/ orders are issued by this Court, till date, no

effective steps are taken by the officers of the Ahmedabad

Municipal Corporation. It is submitted that this is nothing but a

clear disobedience of the orders passed by this Court.

5.2 Shri Panchal, learned advocate appearing on behalf

of the petitioner has, after referring to the various orders

passed by this Court and various directions issued in the

present proceedings from time to time, more particularly,

issued in the order dated 10.08.2017, submitted that the said

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interim directions have not been complied with. Shri Panchal

has pointed out the non-compliance of the following which the

Corporation was otherwise required to comply with as per the

interim directions issued in the order dated 10.08.2017 and

the further directions issued thereafter:

“o Measurement Books – not produced.

o There has been no “inquiry” that has taken place – only notices have been issued to concerned officers – no concrete action has been taken nor is any charge sheet issued and/or disciplinary action taken despite admitting noncompliance of the directions issued by this Honourable Court.

o The bad state of roads is undisputed and slackness in work is admitted. Citizens continue to suffer even after payment of municipal property taxeslevied under the Gujarat Provincial Municipal Corporations Act, 1949.

o No compensation provided to victims for injury and death due to bad roads, faulty construction of speed breakers including to traffic police officer on duty.

o Breach of Article 14 and 21 of the Constitution of India.

o The facts & figures given and statements made in the affidavits filed by the corporation are incorrect and the repairs carried out otherwise is defective, poor and also incomplete.

o No accountability of any officer from the post of Inspector to Deputy Municipal Commissioner in charge of zone and/or department and/or project, or of the Municipal Commissioner who heads the administration and for noncompliance of the

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directions issued by this Honourable Court since the year 2004 – Refer judgment Sharda Sahakari Gruh Mandali Limited and Others vs. Ahmedabad Municipal Corporation and Others 2006 (2) GLR 1765.

o No liability.

o No report yet filed for the damaged roads repaired (if any)

o No steps taken neither any compliance of the directions issued back in the year 2006.

o Some areas have been given step motherly treatment by the corporation.

o The corporation has candidly accepted in the IA filed by them, that no work has been done, nor any directions issued by the court are followed.

o No action has been taken on the vigilance reports.

o The FSL reports of the “90 roads randomly selected” have been procured – yet no action has been taken.

o No penalty for bad work.

o No monitoring of the work done.

o No quality control. No checks and balances.

o No undertaking produced to complete the repair work or comply with the prescribed steps.

o No action/penalty/punishment intended or prescribed to be taken against the erring officers.

o Contractors have been paid their money.

o No liability or accountability of the contractor for bad conditioned road.

o Complete disrespect and utter wastage of public money.”

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5.3 It is further submitted by Shri Amit M. Panchal,

learned advocate appearing on behalf of the petitioner that if

the laws are not enforced and the orders of the Courts to

enforce and implement the laws are ignored, the result can

only be total lawlessness. It is submitted that therefore, it is

also necessary to identify and take appropriate action against

the officers responsible for this state of affairs. It is submitted

that such blatant misuse of public money by not constructing

quality roads cannot take place without the connivance of the

officers concerned. It is also a source of corruption and

therefore, action is necessary to check corruption, nepotism

and total apathy towards the rights of citizens. That similar

would also be the accountability of errant officers as well,

since prima-facie, such large scale misuse and violation of

laws cannot take place without the active connivance of the

officers. It is submitted that it would be for the officers to show

what steps they have taken to stop such misuse.

5.4 It is pointed out by Shri Amit M. Panchal, learned

advocate appearing on behalf of the petitioner that in the

Corporation, Municipal Commissioner is the Head of all the

Departments and even the Corporation. It is submitted that

there are Deputy Commissioner, City Engineers, Deputy City

Engineers, Assistant Engineers, upon whom duty is cast to

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have the roads in good and motorable condition. It is

submitted that under Manual-II, Regulation and Delegation of

Powers of the Corporation, the respective officers, namely, City

Engineers, Deputy City Engineers, Assistant Engineers, are

delegated the powers and duties to be performed, which all of

them have failed to perform and therefore, the resultant effect

is the money spent for repair/ resurface / construction of roads

is wasted and virtually every post monsoon, the conditions of

roads are such that it is very difficult for the citizens to drive

vehicles and ultimately there is danger to their lives.

5.5 Shri Amit M. Panchal, learned advocate appearing

on behalf of the petitioner, has vehemently submitted that one

another serious problem faced by the citizens is stray cattle on

roads. It is submitted that the public roads and streets are

meant for citizens/ public at large and not for the stray cattle.

It is submitted that for whatever reason, the Corporation has

failed to take effective steps to curb the menace of stray cattle

on public roads, due to which the citizens are facing serious

difficulties and many a times, there is a danger to their lives

also because there are all possibilities of accident being

caused due to such menace. It is submitted that the steps

which are being taken to tackle the problem of stray cattle on

public roads are not effective. It is submitted that whatever is

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suggested on affidavits and whatever is submitted on behalf of

the authorities is not being actually implemented. It is

submitted that the same is either on paper and/or orally

submitted without any effective action.

5.6 It is further submitted by Shri Amit M. Panchal,

learned advocate appearing on behalf of the petitioner that

because of non-finalization of the Town Planning Schemes,

more particularly, for the areas which are subsequently

included in the local limits of the Ahmedabad Municipal

Corporation, the roads are not constructed at all and even the

basic amenities such as drainage, electricity, public roads, etc.

are not provided though tax is collected.

5.7 One another grievance which is voiced is that of

parking on public roads. It is submitted that no effective steps

are taken at all to tackle with the problem of parking on public

roads / service roads. It is submitted by Mr.Panchal that

virtually, all cross-roads and service roads and many a times,

even the main public roads are converted into and/or used as

regular parking place due to which there is hindrance to the

traffic resulting in wastage of time. It is submitted that in the

city, the service roads/ roads nearby or around the shopping

centers, restaurants, clubs, hospitals, educational institutions,

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commercial/office complexes, malls, religious places, parks,

theaters, Party-Plots etc. are converted into parking place/

plots for all those visiting such places and no effective steps

are taken at all to curb the same. It is submitted that public

roads/ streets/ service roads are meant for smooth traffic and

cannot be permitted to be used by such shopping centers,

restaurants, clubs, hospitals, educational institutions,

commercial/office complexes, malls, religious places, parks,

theaters, Party-Plots etc. for the parking purpose. It is

submitted that as such, there is a total lack of will and/or there

is no proper study and there is no implementation of the traffic

rules. It is submitted that even the traffic Police does not take

any action when the vehicles are parked just below the “No

Parking” signboard. It is submitted that virtually all cross-roads

of the city are converted into “pick-up stands” which

ultimately affects the smooth flow of traffic and results in

wastage of valuable time of citizens. It is submitted that there

is a need for constituting a proper agency for the aforesaid, if

the existent authorities fail to perform their statutory duties.

5.8 Making above submissions and relying upon various

decisions of the Hon’ble Supreme Court as well as this Court

and other High Courts, it is requested to issue directions/

further directions with an observation that if such directions

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are not implemented and/or complied with in its true spirit, the

Commissioner and all officers of the Corporation and the State

Government shall be held responsible and/or liable for the

strict action for non-compliance/ disobedience under the

provisions of the Contempt of Courts Act, 1971.

6. Shri Kamal B. Trivedi, learned Senior Advocate, has

appeared with Shri Satyam Y. Chhaya, learned advocate for

the respondent – Ahmedabad Municipal Corporation and Mrs.

Manisha Lavkumar, learned Government Pleader, has

appeared on behalf of the respondent – State and the Home

Department as well as the Traffic Department.

7. Number of affidavits-in-reply and further affidavits-

in-reply have been filed on behalf of the Corporation pointing

out the steps taken and/ or to be taken for the purpose of

maintenance of roads, stray cattle, etc.

7.1 At the outset, it is required to be noted that various

interim directions came to be issued by this Court vide order

dated 10.08.2017 and in response to the same, the first

affidavit-in-reply has been filed on behalf of the Ahmedabad

Municipal Corporation dated 11.09.2017, affirmed by Shri

M.N.Gadhvi, Deputy Municipal Commissioner, Ahmedabad

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Municipal Corporation. In the said affidavit-in-reply, it is stated

that in view of the volume of work and fact situation as well as

the peculiar facts and circumstances, the actual execution of

the work is under process, however, as a statutory authority,

the Corporation would not leave any stone unturned to take all

necessary steps so as to reach to the ultimate goal of

resurfacing the roads which are affected in view of the heavy

rains during the monsoon 2017 and further steps of

undertaking proper vigilance inquiry which are in process with

due deliberation. In the said reply, it is pointed out that the

total area of the Ahmedabad Municipal Corporation is around

466 square km. out of which the New West Zone is having

area of 178.76 square km. which is even more than the total

area of Vadodara Municipal Corporation. It is stated that

therefore, the area and quantum is very large and hence time

is being consumed to execute the work of resurfacing the

roads, more particularly in view of monsoon. It was pointed out

that the Corporation has identified certain roads in priority for

which initial resurfacing was started considering the

importance in terms of its connectivity to the important spots

of the city. It was pointed out that the work of resurfacing,

micro-resurfacing, jet patching, reinstatement of Bhaat

(manual reinstatement), reinstatement by cold-mix, is going

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on. Along with the said affidavit, the Corporation has placed on

record, the information with respect to the budgetary provision

made for the last two years for the purpose of construction

and maintenance of the public roads; the actual amounts

spent/ made to the contractors and/or others for construction

and maintenance of the public roads for the last two years,

along with the terms and conditions on which the contracts

were awarded; the actual payment made to the respective

contractors and the amount still due and payable to the

concerned contractors; the measurement books maintained by

the concerned authorities to demonstrate and show the

payments made.

In the said affidavit-in-reply, it was further pointed

out that the vigilance inquiry is going on with respect to the

poor condition of roads, more particularly, construction of poor

quality of roads. In the said affidavit-in-reply, it is further

stated that even prior to the order dated 10.08.2017, on

27.07.2017, the Municipal Commissioner, Ahmedabad

Municipal Corporation had issued a confidential

communication to the Deputy Municipal Commissioner

(Vigilance) whereby the Vigilance Department was directed to

initiate detailed inquiry to find out poor quality of work-ship,

defaulters, factual reasons which led to the poor quality of

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roads etc. In the said affidavit-in-reply, it is stated that the

Vigilance Committee has identified the affected roads

randomly and initiated inquiry with respect to 90 affected

roads. It is stated that Vigilance Commission shall look into the

affected roads and would submit its final report to the

Commissioner.

7.2 A further affidavit-in-reply is filed on behalf of the

Corporation dated 25.09.2017 pointing out further steps taken

to repair/ resurface the roads and to improve the quality of

roads. In the said affidavit-in-reply, it is stated that in new

tender, certain stringent conditions by modifying the existing

conditions are introduced. It is pointed out that the said new

conditions now incorporated in the tender documents would

certainly ensure the quality of the work and the work

performance of the contractors.

7.3 A further affidavit-in-reply is field on behalf of the

respondent-Corporation dated 04.10.2017, in which it is stated

that as the result of the samples of the roads taken is awaited

from FSL and the Gujarat Engineering Research Institute, as

soon as the reports are received, steps shall be taken by the

Vigilance Department.

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respondent-Corporation dated 29.11.2017, in which it is stated

that the Corporation has already floated a tender inquiry dated

15.10.2017 inviting Expression of Interest for providing

consultancy service for inventory and survey of the entire road

network of 2600 kms. of the city of Ahmedabad, for attending

the remainder damaged roads, if any, so as to carry out the

resurfacing work. In the said affidavit-in-reply, it is further

stated that the vigilance inquiries are under process and the

preliminary inquiry reports thereof would be placed before this

Court in a sealed cover. In the said reply, it is further stated

that as per the directions issued by this Court in the order

dated 09.11.2017, Centralized Redressal Cell with respect to

roads in the city of Ahmedabad has been constituted.


respondent-Corporation dated 29.01.2018, stating that a

detailed survey has been conducted zone-wise and the

comparative chart is prepared dividing roads into three

categories, i.e. (i) Category A – not so far damaged roads, (ii)

Category B – damaged roads and (iii) Category C – badly

damaged roads. In the said affidavit, it is stated that the

Corporation is taking all practicable, possible and feasible

steps so as to ensure that all damaged roads in the city are

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resurfaced as soon as possible.

7.6 Now, so far as non-finalization of the Town Planning

Schemes with respect to those areas which are subsequently

included in the local territorial jurisdiction of the Ahmedabad

Municipal Corporation is concerned, it is pointed out in the

further affidavit-in-reply filed on behalf of the respondent-

Corporation dated 07.03.2018 that most of the area falling

within the boundary of New West Zone is included within the

territorial jurisdiction of the Ahmedabad Municipal Corporation

after 2006. It is stated that out of total 80 T.P. Schemes

covering total area of New West Zone, 21 T.P. Schemes are

final T.P.Schemes whereas 11 T.P.Schemes are sanctioned

Preliminary T.P. Schemes and the process of finalization of

Final T.P.Scheme is in progress. It is submitted that rest of the

48 T.P. Schemes out of total 80 T.P.Schemes are at the stage

of preparation of Preliminary T.P.Schemes by the Town

Planning Officer and these 48 Draft Town Planning Schemes

are sanctioned by the State Government under Section 48(2)

of the Gujarat Town Planning and Urban Development Act,

1976. It is further stated that the Corporation has initiated

process of laying down the roads as well as other

infrastructure with respect to 113.37 square kms. area

covered within the net of the above referred 80 T.P.Schemes.

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respondent-Corporation in I.A. No.2/2018 in Writ Petition (PIL)

No.170/2017 dated 12.04.2018 pointing out that the

Corporation has adopted proper norms and there are adequate

parameters so as to monitor the quality of the material which

would ultimately result in better quality of roads. It is pointed

out that over and above the tender inquiry inviting Expression

of Interest for providing consultancy services for the inventory

and inquiry on resurfacing of entire road network of 2600 kms.

of city of Ahmedabad, so that the damaged roads can

immediately be identified, the Corporation has also invited

Expression of Interest for providing Project Management

consultancy services for supervision, monitoring and quality

checking of road works in the city of Ahmedabad so that the

roads can be repaired with good quality and the said agency

would also monitor construction of new roads also. It is further

stated that the same is placed before the Standing Committee

for final sanction. It is further stated in the said affidavit-in-

reply that to tackle with the traffic problems, the Corporation

has planned to carry out detailed scientific survey of 50 critical

signalized traffic junctions and the said work has been allotted

to Delhi Integrated Multi-Modal Transit System Ltd. It is stated

that the junctions will be identified in consultation with traffic

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police department. It is stated that the said exercise will help

in redesigning of signals, fixing time-cycles and phasing of

signals according to present vehicular traffic volumes and it

will be helpful for the efficient use of signals, and easy and

effective traffic movement at junctions. It is pointed out that

the Corporation has already issued notices to the private

buildings for opening parking space and the Corporation has

also nominated many municipal plots as parking space to

facilitate the general public for parking.

8. Relying upon the affidavits-in-reply filed on behalf of

the respondent-Corporation, Shri Kamal B. Trivedi, learned

Senior Advocate appearing on behalf of the Corporation has

submitted that the respondent-Corporation is very much

serious with respect to the maintenance of roads in a

motorable and good condition. It is submitted that the

Corporation is also anxious to see that the roads constructed

are of a good quality and that there shall be proper monitoring

and/or supervision with respect to the quality of roads, by the

concerned officers. It is submitted that the Municipal

Commissioner, Ahmedabad Municipal Corporation, shall

personally see to it that the roads in the city of Ahmedabad

are in a good and motorable condition. Shri Trivedi has also

stated at the Bar that now the reports from the FSL and other

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authority with respect to the roads already constructed in the

last two years are received and show cause notices have been

issued against the erring officers who have failed to perform

their duties properly and more particularly, with respect to the

poor quality of roads constructed by the concerned

contractors. He has also stated at the Bar with respect to

those roads which are under the defect liability period that the

same shall be repaired / resurfaced by the concerned

Contractors at their cost. He has also stated at the Bar that

henceforth, as soon as the roads are constructed and/or

resurfaced / repaired, the same shall be supervised and

monitored by the concerned Assistant Engineers/ Additional

Engineers and Deputy Engineers and the same shall be

certified by the concerned officers of the Corporation that the

roads are constructed/ resurfaced as per the required quality

so that if ultimately, in future it is found that the roads are not

constructed as per the quality standard, the concerned officer

can be held responsible and liable for any further action. He

has stated at the Bar that the payments shall be made to the

concerned contractors only after the certificate by the

concerned officer and after the measurement-book is signed

by the concerned officer.

8.1 Shri Kamal B. Trivedi, learned Senior Advocate

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appearing on behalf of the respondent-Corporation has also

stated at the Bar that all steps are being taken and shall be

taken by the concerned Departments of the Corporation to

remove stray cattle from the public roads. He has also pointed

out that a proposal has been made by the Municipal

Commissioner, Ahmedabad Municipal Corporation to the State

Government to enact a special law in line with the

Maharashtra Law to tackle with the problem of stray cattle on

roads. He has also pointed out that even the fine amount has

been increased so that it may have a deterrent effect.

8.2 Shri Kamal B. Trivedi, learned Senior Advocate

appearing on behalf of the respondent-Corporation has

submitted that the Corporation is not considering the present

petition as an adversarial litigation and any suggestion and/or

directions from the Court are welcome and that the same shall

be implemented in its true spirit.

9. An additional affidavit is filed on behalf of the State

of Gujarat dated 29.01.2018, affirmed by the Assistant

Commissioner of Police, Traffic, Ahmedabad, pointing out the

steps taken for controlling traffic in the city. It is pointed out

that in the year 2017-18 itself, Ahmedabad City Police had

collected penalty of Rs.2,79,14,601/- qua 4,01,431 cases cases

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registered for breach of traffic rules pertaining to parking of

the vehicles.

9.1 A further additional affidavit-in-reply is filed on

behalf of respondent No.1 – State of Gujarat, affirmed by the

Assistant Commissioner of Police (Traffic) Ahmedabad, dated

21.02.2018, in which it is stated that the Ahmedabad City

Police has issued a communication to the Ahmedabad

Municipal Corporation regarding “No Parking Zone” and the

Ahmedabad Municipal Corporation has responded by installing

sign-boards for “No Parking Zone”, “One-Way” and other

instructions at visible distance/ convenient places. It is stated

in the said affidavit-in-reply that the Police Commissioner,

Ahmedabad City, has promulgated vide Notification dated

17.02.2018, ban on parking of vehicles upto 50 meters of area

from cross-roads / junctions. It is further submitted that it has

also been communicated to the Ahmedabad Municipal

Corporation to install sign-boards of “No Parking Zone” in

accordance with No Parking Zone Notification issued by the

Ahmedabad Police Commissioner.

9.2 A further additional affidavit is filed on behalf of

respondent No.1 – State dated 06.03.2018 stating that to meet

with the traffic congestion primarily on S.G.Highway, two

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Traffic Police Stations have been sanctioned vide Notification

dated 28.02.2018, which shall be constituted at two ends of

S.G.Highway. It is stated that in each of the Police Stations,

there shall be 1 Police Inspector, 4 Police Sub Inspectors,

approximately 90 Assistant Sub Inspectors/ Head Constables,

16 Police Constables/ L.R.Ds, and 4 Women Assistant Sub

Inspectors and/or Women Head Constables. It is submitted

that thus, a total of 238 police officers have been deployed in

these two Police Stations of S.G.Highway to ensure that flow of

traffic system is smooth without hindrance.

10. Relying upon various affidavits-in-reply filed on

behalf of respondent No.1, affirmed by the Assistant Police

Commissioner, Traffic, Ahmedabad City, Mrs.Manisha

Lavkumar, learned Government Pleader, has stated at the Bar

that all steps shall be taken by the State Government and the

Traffic Department in consultation with the Ahmedabad

Municipal Corporation to remove encroachments and

hindrances from the service roads that causes traffic

congestion. She has stated at the Bar that all steps shall be

taken by the Traffic Department to ensure that there is no

parking on service roads and that there shall be smooth

running of the traffic.

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11. Now so far as non-finalization of T.P.Schemes with

respect to the areas which are included in territorial

jurisdiction of the Ahmedabad Municipal Corporation is

concerned, an affidavit-in-reply dated 22.02.2018 is filed on

behalf of the State Government, affirmed by one Shri

P.L.Sharma, Chief Town Planner, Gujarat State, Gandhinagar. It

is pointed out in the said affidavit-in-reply that in the new

areas admeasuring 242.28 square kms. as such, the

Ahmedabad Municipal Corporation is required to make 185

Town Planning Schemes. However, the Corporation has till

date prepared 171 Schemes in 232.21 square kms. and in the

remaining 10.07 square kms., the Corporation is yet to make

14 Schemes. It is pointed out that from 171 Draft Schemes

submitted by the Corporation, 158 Draft Schemes are

sanctioned by the state Government and only 13 Draft

Schemes are under scrutiny and consideration.

12. Mrs.Manisha Lavkumar, learned Government

Pleader, has stated at the Bar that all sincere efforts shall be

made by the Town Planning Department of the State

Government to sanction the Town Planning Schemes

submitted by the Corporation with respect to the areas which

are subsequently included in the territorial jurisdiction of the

Ahmedabad Municipal Corporation so that on finalization of the

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Schemes, the development work in the said areas, including

that of construction of roads, can take place.

13. Heard learned counsel appearing on behalf of the

respective parties at length. This Court heard the present

proceedings/ petition time and again. This Court issued various

directions in the matter/ matters from time to time right from

10.08.2017 in Writ Petition (PIL) No.170/2017 as well as

Special Civil Application (For Direction) No.2286/2017.

Considering the status reports placed on record, it appears

that there is progress in repairing/ resurfacing the public

roads/ streets and to make public roads motorable. However,

much is required to be done. Still, there are many public roads/

streets which are not motorable and/or in a proper and /or

good condition and ultimate sufferers are the citizens who pay

tax to the Corporation. This Court has issued directions not

only for the first time in its order dated 10.08.2017 and

onwards but a very detailed elaborate directions were issued

by the Division Bench as far as back in the year 2006 in the

case of Sharda Sahkari Gruh Mandali Ltd. And Ors. v.

Ahmedabad Municipal Corporation And Ors. (supra).

However, due to non-compliance of such directions and due to

multiple reasons which have contributed in not maintaining

the proper public roads in good and motorable conditions

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which shall be discussed hereinbelow, the citizens are facing

serious difficulties, more particularly, post-monsoon and/or

even during the monsoon, every year. Many a times, bad

condition of roads not only causes serious difficulties to the

citizens in plying the vehicles but leads to accidents and the

same is dangerous to their lives.

14. Having heard learned counsel for the respective

parties, it appears that there is no proper implementation of

the laws and there is a lack of proper supervision and

monitoring when the roads are constructed and/or are

resurfaced and many a times, money which is spent in

resurfacing the roads is washed away. There has to be a will to

do it. We have noted in number of orders made during the last

many years, but it seems that there is no effect on the

authorities or the same may have a very little effect on them.

Things cannot be permitted to go on in this manner for ever.

On one hand, various laws are enacted and on the other,

illegal activities go on unabated openly under the gaze of

everyone, without having any respect and regard for law and

citizens. For last number of years, even this Court has been

expressing anguish in the orders made in a large number of

cases. We regret to notice that despite warnings and caution

given by this Court in orders from time to time, all such

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warnings have fallen on deaf ears without any effect. It is,

therefore, necessary to once again send a message, loudly,

clearly and firmly.

15. We have noticed and we firmly believe that despite

passing of the laws and repeated orders by this Court, the

enforcement of the laws and implementation of the orders is

utterly lacking. If the laws are not enforced and the orders of

the Court to enforce and implement the laws are ignored, the

result would only be total lawlessness. It is, therefore,

necessary to also identify and take appropriate action against

the officers responsible for this state of affairs. Such blatant

misuse of the laws and in the present case, poor conditions of

public roads and streets and the poor quality of roads, cannot

take place without connivance of the officers concerned. It

may also be a source of corruption. Therefore, exercise is

necessary to check corruption, nepotism and total apathy

towards the rights of the citizens. Similar would also be

regarding accountability of the erring officers as well as since,

prima-facie, such large scale misuse in violation of laws cannot

take place without the active connivance of the officers. It is

for the officers to show that all effective steps were taken to

stop the misuse. Tolerating filth, while not taking action

against the lethargic and inefficient workforce for fear of

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annoying them, is un-understandable and impermissible. Non-

accountability has possibly led to lack of efforts on the part of

the employees concerned. They are perhaps sanguine in their

behalf that non-performance is not frowned upon by the

Government or by the heads of the organizations and no harm

will befall them.

16. Rule of law is the essence of democracy. It has to

be preserved. Laws have to be enforced. In the case on hand,

implementation and enforcement of laws and blatant misuse

cannot be delayed further. Under the provisions of the Gujarat

Provincial Municipal Corporations Act, 1949, it is the duty cast

upon the Municipal Corporation to maintain public roads. Even

the citizens also pay tax and in turn, they have a right to

expect good return in the form of better infrastructure facilities

for which tax is collected. Crores of rupees are spent for

construction of roads/ resurfacing the public roads and despite

the same, it appears that because of either poor material used

and/or poor resurfacing of the roads by the contractors who

are paid crores or rupees, there are potholes in such a way

that it affects common man. The local authorities are

constituted for providing services to the citizens and not

merely to provide employment to a few of its inhabitants.

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17. Right to life under Article 21 of the Constitution of

India is very well defined and it is therefore a fundamental

right of the public to enjoy life well. Article 21 of the

Constitution of India guarantees the citizen to have

meaningful, complete and worth-living life. The local authority

is bound to see that the life of the persons residing in the city

is made meaningful, complete and worth-living. The Court will

be well within its bounds to issue appropriate directions to the

concerned authorities if the public is deprived this right. The

local authorities must perform the duties cast under the

statute. In the case of M/s. Shiv Shanker Dal Mills etc. v.

State of Haryana and Ors. reported in AIR 1980 SC 1037,

the Hon’ble Supreme Court has observed and held that Article

226 grants extra-ordinary remedy which is essential discretion

although founded on legal injury. It is perfectly open for the

Court exercising the flexible power to pass such order as

public interest dictates and equity project.

18. It was suggested by learned counsel appearing on

behalf of the Corporation and the State that we should issue

directions to the authorities and all suggestions are welcome.

We believe, it is not for the Court to direct as to how the

municipal authorities should carry out their functions and

resolve difficulties with regard to maintenance of public roads,

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streets, etc. and also to curb the menace of stray cattle on the

roads. The Court, in fact, is ill-equipped to do so. Without

doubt, the local authorities have all the powers of the State to

take action and ensure implementation of laws. They have

only to wake up and act. Rectifying the rights is an obligation

on the part of the local authorities and the same has to be

done as a duty. If the said duty is not discharged, this Court

has to interfere and compel the authorities to discharge their

responsibility/ duty. Therefore, we propose to issue

appropriate directions again, despite the specific directions

having been issued b this Court earlier time and again, more

particularly, in the reported decision in the case of Sharda

Sahkari Gruh Mandali Ltd. And Ors. v. Ahmedabad

Municipal Corporation And Ors. (supra). We propose to do

so now by issuing appropriate directions.

19. Having heard learned counsel appearing on behalf

of the respective parties on the problem of poor conditions of

public roads and streets; potholes on public roads and streets;

menace of stray cattle on public roads; traffic problems faced

by virtually every citizen, etc., we are of the opinion that

number of reasons have contributed in not maintaining the

proper conditions of public roads/ streets, stray cattle on the

roads and traffic problems, which shall be discussed

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hereinbelow.

20. It is true that so far as the traffic problem is

concerned, the same can be controlled by due cooperation

from all citizens, including the media and the press. When a

citizen has a right guaranteed under Article 21 of the

Constitution of India, there is a corresponding duty cast upon

him also. The administration alone cannot be blamed. At the

same time, the local authorities cannot be permitted to go

scot-free. They have to perform their statutory duties.

21. Following seems to be the main reasons

contributing the problem of poor conditions of public roads and

streets; potholes on the roads and the traffic problems:-

a) There is no proper survey with respect to the

damaged roads. There is lack of inspection and

supervision by the concerned officers of the

respective Zones.

b) No monitoring of the work done.

c) No quality control, no checks and balances.

d) No action/ penalty/ punishment taken against

the erring officers for not performing their duties as

provided in the Manual.

e) No liability or accountability of the contractor/

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contractors for bad condition of roads.

f) Contractors are paid their money.

g) No inspection and/or monitoring with respect

to the quality control and to check whether the

roads are constructed / resurfaced as per the

quality required, or not.

h) There is no checking whether the required

material is used or not.

i) Non-finalization of the Town Planning Schemes

more particularly with respect to the areas which

are subsequently included in the territorial

jurisdiction of the Ahmedabad Municipal

Corporation.

j) No inspection or supervision and/or monitoring

of the roads after the permissions are granted for

digging of the roads for the purpose of laying cable,

pipelines, etc. by electricity company, telephone

companies and other companies providing water,

gas, sewerage facilities etc. and there is a lack of

supervision and monitoring whether after digging

permissions are granted and the roads are dug

thereafter the roads are restored to their original

good condition or not.

k) Poor maintenance of service roads and the

service roads are virtually converted into parking

spaces by shopping centers, restaurants, clubs,

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hospitals, educational institutions, commercial

complexes, malls, religious places, parks, theaters,

Government and Corporate buildings/ offices etc.

and no effective steps are taken to remove the

encroachment from the public roads.

l) There is no proper or detailed survey by

expert bodies on monitoring and/or supervision of

the public roads, traffic problems, etc.

m) Lack of will and/or commitment in performing

duties by the concerned employees/ officers of the

local bodies.

22. For whatever reason, and despite the directions

issued by this Court in the case of Sharda Sahkari Gruh


Corporation And Ors. (supra), as far back as in the year

2006 and despite number of directions issued as regards

menace of stray cattle, there is no proper implementation of

the directions and the menace of stray cattle on public roads

has continued which not only causes hindrance to the traffic

but the same is dangerous to the lives of citizens. No effective

permanent solution is suggested as regards menace of stray

cattle on public roads and authorities seem to be satisfied by

impounding of some cattle and recovery of fine. Therefore,

concrete formation of permanent steps is required to be taken

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to solve the problem of stray cattle. It is the duty of the local

authorities as well as the State Government to see that the

roads are free of stray cattle as they are meant for traffic and

not for stray cattle. The Court has noticed that whenever the

matters come up on Board, some temporary measures/ steps

are stated to be taken. However, thereafter, things remain as

it is.

23. There is no proper implementation of the directions

issued by the Division Bench of this Court in its reported

decision in the case of Sharda Sahkari Gruh Mandali Ltd.

And Ors. v. Ahmedabad Municipal Corporation And Ors.

(supra), in its true letter and spirit and therefore, every year,

more particularly, during the monsoon and post-monsoon, the

citizens are suffering. Non compliance of the directions issued

by this Court could tantamount to contempt and disobedience

is required to be construed very seriously.

24. At the outset, it is required to be noted that the

grievances which are voiced in the present petition /

proceedings are with respect to bad condition of public roads

and streets; menace of stray cattle on public roads; traffic

congestion problem; non-compliance of the directions issued

in Special Civil Application No.6963/1997; non-compliance of

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various directions issued by the Division Bench of this Court in

its judgment in the case of Sharda Sahkari Gruh Mandali

Ltd. And Ors. v. Ahmedabad Municipal Corporation And

Ors. (supra), and because of the non-compliance of the

various directions issued by this Court, difficulties faced by the

citizens due to poor conditions of roads, potholes on roads,

menace of stray cattle on public roads, etc. have been

continued. No scientific studies have been undertaken and no

concrete effective steps are taken to do way with the traffic

problems.

25. It cannot be disputed and even as held by the

Hon’ble Supreme Court as well as by this Court in catena of

decisions, non-compliance of the directions issued by the

Court / Courts would tantamount to wilful disobedience and

would tantamount to contempt.

26. At this stage, it is required to be noted that while

issuing various directions, the Division Bench of this Court in

the case of Sharda Sahkari Gruh Mandali Ltd. And Ors. v.

Ahmedabad Municipal Corporation And Ors. (supra), was

at pains to note that in spite of various orders passed by this

Court and repeated assurances given to this Court to comply

with the directions and orders, either no effective steps are

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taken by the Ahmedabad Municipal Corporation either to

remove stray cattle and/or to impound the stray cattle which

are moving freely on roads and the same are kept on roads

and /or roadside for permanent stay and/or there is no

supervision by the officers. The Division Bench also specifically

observed that it appears that the officers are under an

impression that moment the matter is adjourned, they are not

required to do anything till the matter is again notified on the

adjourned date. That thereafter, the Division Bench in Sharda

Sahkari Gruh Mandali Ltd. And Ors. v. Ahmedabad

Municipal Corporation And Ors. (supra), issued various

directions in detail, which are as under:

“35. We also direct the local authorities, such as

Municipal corporations, Municipalities, Panchayats,

Development Authorities to regularly inspect the

condition of the roads within their limit and

condition of the roads should be inspected before

the monsoon and maintained after the monsoon.

For the purpose of digging of roads for the purpose

of laying cable, pipeline etc. by Electricity

Company, Telephone Companies and other

agencies providing water, gas and sewerage

facilities etc. shall inform each other in advance

before digging out and also shall work in close co-

ordination with the local authority which is required

to maintain the condition of the road. The local

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authorities are also directed that as and when they

propose to construct new road or resurface the

existing road in any area, they should intimate well

in advance the aforesaid agencies and call upon

them that if they so desired, they should carry out

their projects before the commencement of

construction of road by local authority in that area.

We also direct that the aforesaid agencies as well

as other similar agencies that whenever they find

necessary to dig the road, they should first obtain

permission of the concerned local authority and

only upon receiving the permission should

commence the work, and the local authority shall

grant permission only upon receiving an

undertaking from the concerned agency that upon

completion of the work, the road shall be resurfaced

to its original position. In the event of any non-

compliance of these directions or breach of such

undertaking, the local authority shall prosecute the

relevant officers of the concerned agency for

causing damage to public property since concerned

officers will be personally accountable for the

lapses.

36. So far as the question of maintaining roads

are concerned, roads are required to be inspected

periodically so that if any repairing work or

resurfacing work is is required, the same can be

accordingly done so that public at large may not

face any difficulties. The concerned authorities shall

monitor this aspect regularly. It is the duty of the

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concerned authorities to ensure that the work is

allotted to such contractors who are capable of

doing such work without delay and at the same

time, without compromising with the quality. The

concerned authorities shall monitor the condition of

the roads regularly and if it is found that roads are

damaged due to heavy rainfall or by any other

reason whatsoever, the authority shall see to it that

without any undue delay, the same is repaired or

re-surfaced.

37. As regards the encroachments at Rabari

Vasahat areas are concerned, as pointed out by us

earlier, the Municipal Corporation is directed to take

appropriate action in accordance with law against

the erring allottees/occupiers, who according to the

Corporation, has violated the terms of allotment. If

it is found by the authority that any

allottee/occupant has encroached upon the area,

the appropriate authority is directed to take

appropriate action in accordance with law and may

pass appropriate order after haring such erring

allottee/occupant so that the said area can be

available for the purpose of keeping cattle. The

authorities, at the time of taking action may also

consider whether there is any breach of condition of

allotment. However, it is made clear that before

taking action, the affected persons must be given

an opportunity of hearing and principles of natural

justice must be followed.

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38. Similarly, so far as party plots are concerned, it

is argued by Mr. Harin Rawal that in view of

inadequate parking facilities, people using the party

plots are parking their vehicles on the street, which

creates traffic congestion and disturbs smooth flow

of vehicles on the road. In this connection, the

concerned authorities are directed to take

appropriate action in accordance with law, and if it

is found that any party plot owner has not provided

adequate parking facilities and commits breach of

any rules or regulation, appropriate action shall be

taken against such persons in accordance with law

after hearing the concerned persons in this behalf.

39. As regards the problem of stray cattle/animals

on the roads are concerned, the concerned

authorities shall enforce appropriate laws in

connection with the same. Appropriate preventive

as well as curative measures will be taken by the

concerned authorities to prevent this problem more

effectively during monsoon period. It is also

directed that appropriate authorities shall take

appropriate action against the owners/persons who

are leaving their cattle to stray on the roads so that

such persons are not tempted to repeat the same

again. The State is directed to give adequate and

proper police protection to the concerned

authority/person who is in charge of catching and

impounding stray cattle and animals on the public

roads so that the said works can be effectively done

by the said authority.

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40. So far as gauchar land is concerned, if it is

found that there is any encroachment on such

lands, the concerned authorities shall take

appropriate action to see that such gauchar land is

made available for grazing cattle. Adequate

gauchar land is required to be maintained even as

per the provisions of the Panchayat Act and other

laws.

41. Due care is required to be taken by Telephone

Companies, Electricity Company, and other

agencies who dig up the roads for laying cables,

pipeline etc. Such authorities shall dig up the roads

or lay trenches only after taking due permission

from the Municipal Corporation, Development

authorities and/or Panchayats. Maximum care shall

be taken not to damage the asphalted portion or

the road. Permission to dig up or lay trenches on

the roads must be granted only on an undertaking

that as soon as the work is over, either the party

who dug the road shall by themselves fill up the

ditches/trenches and resurface the road, or shall,

even prior to the commencement of the digging

work, work in consultation and in close co-

ordination with other departments who are required

to repair and/or resurface the roads so that as soon

as the work is over, the roads can be

repaired/resurfaced. If the roads are not resurfaced

and/or repaired immediately after the work and if

any accident/damage is caused due to non-

repairing/non-resurfacing, the party who was

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granted permission to dig the road and/or lay

trenches shall be responsible for the same and in

appropriate cases, even personal liability can be

fastened if the concerned person is found negligent

in this aspect.”

27. Despite the above elaborate directions are issued,

the same are not complied with in its true spirit and/or its

letter and spirit and all the suggestions and directions issued

by this Court are not taken seriously. As observed by the

Division Bench of this Court, as far back as in the year 1982, in

State of Gujarat v. Secretary, LSW And TD Dept. -

1982(1) GLR 61, such an inaction on the part of the

Government local authorities and/or its officers would

tantamount to even criminal contempt over and above civil

contempt. However, considering the request made by learned

counsel for the respective respondents, more particularly, the

Ahmedabad Municipal Corporation and the State Government,

we propose to issue the directions again with a view to give

one additional opportunity to the Corporation, its officers and

the State Government to take effective steps to have the

motorable public roads and the State Government to take

effective steps to have the motorable public roads and streets

in good condition and to remove the menace of stray cattle

and to take effective steps for smooth vehicular traffic with a

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caution that if in future, it is observed and found that the

directions of this Court are not implemented in its true spirit

and/or letter and spirit, the same shall be viewed very

seriously and both, the heads of the administrative wing and

the elected wing of the Corporation, its officers and the officers

of the State Government and officers of the concerned

Department(s) of the State Government shall be held

personally responsible for the same even for the criminal

contempt and/or civil contempt.

28. Having noticed and observed as above, we propose to

issue further directions which shall be over and above the

directions already issued by this Court in a catena of decisions,

including the decision of the Division Bench of this Court in the

case of Sharda Sahkari Gruh Mandali Ltd. And Ors. v.

Ahmedabad Municipal Corporation And Ors. (supra),

with a clear observation and caution that non-implementation

and/or non-compliance of any of the directions by the

respondent – Ahmedabad Municipal Corporation and/or the

State and /or its officers, agents, etc. shall be viewed very

seriously and the same shall tantamount to deliberate non-

compliance on the part of the concerned authorities which

may render them liable for action under the Contempt of

Courts Act, 1971.

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29. We issue the further directions as under:-

Re.: Problem of Public Roads/ Service Roads:

(1) The Ahmedabad Municipal Corporation, its

officer, agents, as well as the State

Government and its concerned authorities

shall strictly and scrupulously follow and

comply with the directions issued by the

Division Bench of this Court in the case of

Sharda Sahkari Gruh Mandali Ltd. And Ors.

v. Ahmedabad Municipal Corporation And

Ors. (supra), more particularly, in

Paragraphs 35 to 41 of the said decision.

(2) There shall be proper and effective

supervision and monitoring of the

construction/ resurfacing/ restoration of

roads by the concerned officers of the

concerned Departments of the Corporation

as per the relevant Rules and Regulations,

Circulars, Notifications, etc. issued from

time to time with respect to entrustment

and delegation of powers, more particularly,

for maintenance of roads as per Manual-II,

Regulation and Delegation of Powers of the

Corporation, namely:-

(i) It will be the duty of the Engineering

Department of the Corporation to see that

roads are reconstructed/ resurfaced / restored

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as per the specifications and quality and that

the Assistant City Engineer of the concerned

area shall certify, after construction/

resurfacing/ restoration of the road that the

road is constructed / resurfaced/ restored as per

the specifications and as per the quality, which

shall be counter-signed by his superior and then

and then only and after the same is certified by

the Accounts Department, and audit, payment

to the concerned Contractor shall be made.

(ii) If any Certificate is found to be

incorrect and/or inaccurate and/or false, the

concerned Officer of the Engineering

Department shall be held personally responsible

for which over and above disciplinary action,

he/ she may be made liable for the related

offences punishable under the Indian Penal

Code also.

(iii) The Municipal Corporation to see to it

that in each contract/ tender notice, there shall

be specification of the quality of the road and if

there is any deviation found, the Contractor

concerned shall reconstruct the same within the

Defect Liability Period which shall not be less

than two to three years.

(iv) That the Security Deposit and

Performance Security Deposit/ Bank Guarantee

shall be higher so that ultimately, if the

Contractor does not restore the road and/or

reconstruct the road as per the specifications,

then in that case, same can be restored/

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reconstructed at the cost of the Contractor

which can be recovered from the Security

Deposit and/or Performance Security Deposit

and/or Bank Guarantee. In such an eventuality,

the Contractor shall also be saddled with heavy

penalty.

(v) Payments to the Contractors shall be

made only after the Assistant City Engineer of

the concerned area certifies, after construction/

resurfacing/ restoration of the road, that the

road is constructed / resurfaced/ restored as per

the specifications and as per the prescribed

quality, and only after the proper verification of

the claim which shall be on the basis of the

measurement noted in the Measurement Book

and after the same is counter-signed by his

superior and certified by the Accounts

Department and thereafter by the Audit

Department.

(3) There shall be overall constant supervision

and monitoring by the Commissioner,

Deputy Commissioner and the City Engineer

of the Corporation as ultimately, being the

Heads of the Corporation/ Departments,

they shall be responsible.

(4) So far as non-finalization of the Town

Planning Schemes with respect to the areas

included in the Ahmedabad Municipal

Corporation, more particularly, those

included after the year 2006, is concerned,

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the State Government – Urban Development

and Urban Housing Department, the Chief

Town Planner, the Town Planning

Department of the Ahmedabad Municipal

Corporation and the Commissioner,

Ahmedabad Municipal Corporation, are

hereby directed to see that the Schemes are

finalised at the earliest so that the residents

of those areas may get the required

infrastructural facilities such as roads,

electricity, drainage, etc. In a given case,

the Appropriate Authority/ Competent

Authority to exercise powers under Section

48A of the Gujarat Town Planning and Urban

Development Act, 1976, pending finalisation

of the Town Planning Schemes. However, all

endeavour shall be made to finalise the

Town Planning Schemes at the earliest, but

not later than one year from today, as it is

reported that because of non-finalisation of

the Town Planning Schemes, roads are not

constructed and infrastructural facilities are

not provided to such areas.

(5) That there shall be proper survey, analysis

and design so that there shall be a detailed

technical analysis and design of existing

road surveys, etc. Therefore, it is suggested

to have / appoint Project Management

Consultant for road work to improve the

qualitative and quantitative progress of

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road work as empanelment of Project

Management Consultancy Services may help

the Road Project Division as well as zonal

works for the purpose of carrying out day-

to-day monitoring, quality testing, quantity

checking, record keeping and allied works in

road construction. The AMC engineers shall

ensure that the execution of works by the

Contractors and Project Management

Consultancy are carried out as per the

tender specifications, terms and conditions

and as observed hereinabove, the bills shall

be processed after verification of the quality

parameters, measurements and on

satisfying the tender requirements and the

roles and responsibilities of the Engineers

shall be as per the Engineering Manual.

(6) The Corporation may also consider exploring

the possibility of making use of plastic

waste in certain proportion compulsory in

case of construction of roads of a particular

length to have more durability. However, for

the same, the Corporation may consider the

Circulars/ Notifications of the Ministry of

Road Transport and Highways regarding the

same.

(7) The Standing Committee and the concerned

Committee shall consider the aforesaid

proposal at the earliest as it is the duty of

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the elected body also to resolve the

problems of citizens as ultimately, they also

will be responsible. Members of the various

Committees, including the Standing

Committee to perform Proactive Role in the

larger Public Interest.

(8) That the Road Opening Permits henceforth

shall have stringent terms and conditions

regarding proper safety barricading,

immediate reinstatement and timely

maintenance till the end of the Defect

Liability Period. That no Road Opening

Permit / Road Digging Permit shall be

granted firstly in the monsoon season

unless the same is required for emergent

situation for which the head of the

concerned Department of the Corporation

shall certify such emergent need. Further,

no Road Opening Permits/ Road Digging

Permits be granted unless the same are

backed by a time-bound programme, namely

the date on which the digging work will

start, the number of days for which the

same will continue, the specific date on

which the work, for which the Road Opening

Permit is granted, will be over, and that

immediately but not later than three days,

the road shall be restored/ resurfaced by

such permit holders who have been granted

Road Opening Permits for their own

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Projects/ Work. The roads must be restored/

resurfaced in a proper condition by such

permit holders only and if the roads are not

restored/ resurfaced by the concerned Road

Opening Permit holders within the time

stipulated in the application, in that case

only, the Corporation may reinstate/

resurface/ restore the road at the cost of

such Road Opening Permit holders which

shall be recovered by the Corporation from

the Security Deposit which shall always be

higher than the proposed cost for

resurfacing / restoration. Therefore, the

Security Deposit/ Deposit shall vary from

work to work and looking to the

measurement/ area. In the Road Opening

Permit itself, it shall be specifically

mentioned that if the road is not reinstated

and/or restored and is not made motorable

within the stipulated period of time, then in

that case, in future, the concerned permit

holder shall not be granted any permission

to open the road and/or to dig the road. As

regards whether the road for which the

permission to dig is granted is restored

and/or reinstated, or not, the same shall be

monitored and supervised by the Head of

the Department who grants such Road

Opening Permit and that it shall be so

certified by the Assistant City Engineer. It

shall be the duty of the concerned Officers

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of the Department of the Corporation to see

that after digging, roads are reinstated

and/or resurfaced and/or restored

appropriately so that in future, there shall

not be possibilities of potholes and/or holes.

(9) There shall be constant monitoring and/or

supervision by the higher authorities, more

particularly, the Municipal Commissioner on

the work of the concerned officers of the

Engineering Department. After the present

petition was filed, the samples of the roads

were sent to the FSL and the laboratory,

namely, the Gujarat Engineering Research

Institute, and it is reported that on the basis

of the preliminary inquiry reports,

departmental inquiries have been initiated.

However, thereafter, nothing further is

reported to have been done. Under the

circumstances, the Commissioner,

Ahmedabad Municipal Corporation, is

hereby directed to initiate and complete the

departmental inquiries against such erring

officers and to see that appropriate action is

taken against such concerned erring officers

based on the merits of each case, as but for

their negligence and/or connivance, the

conditions of roads would not have been in

such a poor /damaged state. The aforesaid

exercise shall be completed within a period

of three months and report on the same

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shall be placed before this Court in the

present proceedings. The elected wing of

the Corporation also to see to it that the

aforesaid directions are complied with.

Re.: Traffic Problem:

(10) Now so far as traffic problem faced by the

citizens/ residents of the city is concerned,

it is directed that there shall be a proper

study conducted by the State Government

and the Corporation. There shall be an in-

depth study of the traffic problem, more

particularly, congestion of traffic and the

bottlenecks in smooth movement of traffic

is required to be studied and found out so

that further corrective measures can be

taken. In many cases, important junctions

are required to be redesigned using in-

house expertise or with the help of external

experts to bring out the solution relating to

the problem of traffic. The Traffic

Engineering Department of the Corporation

therefore shall extend complete cooperation

to the Traffic Police Department to ensure

smooth movement of traffic at all important

junctions in the city. If required, important

junctions shall be redesigned using in-house

expertise or with the help of external

experts to bring out the solutions of the

problems related to traffic and for which

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there shall be an expert opinion of the

Committee consisting of experts.

(11) That the teams of the Estate Department

shall ensure removal of all types of

encroachment on roads which are

obstructing free movement of vehicles as

well as pedestrian movement. Footpaths

and service roads are meant for smooth

movement of traffic and pedestrians.

Therefore, the Estate Department of the

Corporation and the Traffic Police

Department are hereby directed to ensure

removal of all types of encroachments on

roads/ service roads which are obstructing

free movement of vehicular traffic. The

concerned Departments of the State

Government as well as the Corporation,

more particularly, the Traffic Police

Department and the Estate Department and

the Commissioner of Police, Ahmedabad

City, are directed to see that the vehicles

are not parked on roads/ service roads

surrounding the shopping centers,

restaurants, clubs, hospitals, educational

institutions, commercial/office complexes,

malls, religious places, parks, theaters,

Party-Plots etc. and they shall see to it that

the vehicles of people visiting such places

are parked in the Parking place in such

buildings itself and that the roads/ service

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roads situated in front of or abutting such

shopping centers, restaurants, clubs,

hospitals, educational institutions,

commercial/office complexes, malls,

religious places, parks, theaters, Party-Plots

etc. are not converted into their permanent

parking place. Therefore, the concerned

Departments shall first serve notice/ notices

upon the management / owners /

proprietors / trust etc. of the concerned

shopping centers, restaurants, clubs,

hospitals, educational institutions,

commercial/office complexes, malls,

religious places, parks, theaters, Party-Plots

etc. which are having their buildings

abutting the roads/ service roads with a

specific mention that if any of the visitors to

such places park their vehicles on road, it

will be the responsibility of the concerned

management/ owners/ proprietors / trust

etc. to see to it that vehicles are not parked

on public roads/ service roads.

(12) The teams of the Estate Department of the

Corporation shall also ensure that adequate

parking spaces are provided at the time of

issuing Building Use Permissions as per the

GDCR. Correspondingly, it shall be ensured

by timely inspections that the allocated

parking spaces in the structures are not

encroached after the issuance of Building

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Use Permissions.

(13) Strict action shall be taken against those

who park their vehicles on public roads,

more particularly, in “No Parking Zone”. No

parking shall be allowed, at least on cross-

roads/ junctions. If ultimately, the parking is

found on cross-roads and No Parking Zones,

the concerned Police Officer on duty at the

particular point shall be held personally

responsible for allowing such parking for

which such officer shall be liable for

disciplinary proceedings for dereliction in

duty, etc.

(14) The speed breakers/ bumps on the roads

shall be constructed as per the design and

size as per the rules and regulations of the

Indian Road Congress as far as possible

however, subject to the requirements and

need.

(15) The Commissioner of Police (Traffic) and the

Commissioner, Ahmedabad Municipal

Corporation are directed to see that the

aforesaid directions are complied with in its

true spirit.

(16) Comprehensive Mobility Plan for Gujarat

metros shall have to be prepared by the

Government of Gujarat as per Ministry of

Urban Development Guidelines.

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(17) To ensure safe and smooth mobility in the

city, the Mantra of “E-E-E”, that is:

* Engineering, * Education of People and * Enforcement of laws,

has to be followed.

(18) There shall be coordination between

different Departments of the Government

and there shall be periodical high level joint

committee meetings once in a month to

ensure appropriate solutions to the

problems.

Re.: Cattle Menace:

(19) Now, so far as the stray cattle menace and

the problem of cattle on public roads is

concerned, the directions issued by the

Division Bench of this Court in the case of

Sharda Sahkari Gruh Mandali Ltd. And Ors.

v. Ahmedabad Municipal Corporation And

Ors. (supra) and the earlier directions

referred to in the said decision shall be fully

and truly implemented. All efforts shall be

made by the Corporation and the State

Government to remove cattle from public

roads because stray cattle on the roads are

not only hindering the smooth and safe

movement of traffic but are also very

dangerous and sometimes fatal and are

likely to create hygienic problems also.

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(20) The Ahmedabad Municipal Corporation as

well as the Commissioner of Police are

hereby directed to see that no person sells

fodder/ grass on public road and they shall

see to it that there shall be constant daily

monitoring and supervision by the

concerned Police Officers of the concerned

area and if at all it is found that any person

is selling grass/ fodder on public road, the

in-charge of the concerned Police Station

shall be held personally responsible.

(21) Municipal Corporation shall relocate stray

cattle from the roads to Gaushalas or

institutions made for providing shelter to

stray cattle.

(22) For removal of stray cattle from roads and

for the relocation to the Gaushalas etc., the

Municipal Corporation shall press into

service, sufficient number of persons and

vehicles for impounding and relocating

animals.

(23) The vehicles which are used for carrying

impounded cattle and animals shall be fitted

with ramps in order to avoid the chances of

injury to them.

(24) The transit and handling of the stray cattle

and animals will be in conformity with the

laws providing for their safety and

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prevention of injuries to them including

Prevention of Cruelty to Animals Act, 1960.

(25) The cattle located in the city shall have a

tag number tied around their necks and the

tag number should be indicative of the

name and address of the person to whom

the animal belongs so that there will be no

difficulty in tracing their owners. This

direction shall be carried out by the

person(s) owning the cattle. The

enforcement of this condition shall be made

by the civic authorities.

(26) Prosecution should be launched under the

various penal provisions against the owners

of such cattle which are found on streets

and roads unattended.

(27) The Municipal Corporation shall employ

sufficient number of persons to catch stray

cattle and animals found on roads and

streets. Once they are caught, they shall be

impounded and may be released to owners

on payment of fine and subject to other

directions mentioned herein.

(28) The State Government shall assist the

Municipal Corporation, Ahmedabad, in

securing the implementation of the

aforesaid directions. This may include

financial assistance which would be required

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by the Municipal Corporation of Ahmedabad

to carry out the directions contained in this

order effectively.

(29) The Commissioner of Ahmedabad Municipal

Corporation shall nominate two officers,

over and above the Head of the Cattle

Nuisance Control Department who shall be

responsible for carrying out the directions

issued by this Court.

(30) As observed in the earlier order, the State

Government to find out a permanent

solution of cattle menace, may be by

enacting appropriate law on the lines of

State of Maharashtra. Therefore, the State

Government may consider the same.

30. The above directions are over and above the directions

which are already issued in earlier orders, including the

direction to set up a permanent Grievance Redressal Cell and

registration of on-line complaints and toll-free numbers for

which periodical publicity be made so that the citizens are

aware of such facilities and can make their grievances which

shall be attended by the concerned Department at the

earliest.

31. Before parting with the present order, this Court

would like to observe that correspondingly, it is the duty of

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citizens and residents of the city also to make their City, a

Smart City and/or Metro City. It is their duty also to follow the

law and traffic regulations etc. The Government authorities

alone would not be / may not be in a position to tackle such

big issues/ problems. Cooperation of citizens is must.

Therefore, the citizens/ residents are also required to educate

themselves and enforce laws and/or regulations. In order to

educate people, media, both electronic and print, would be the

most effective medium, as it is observed that many a times,

media had played important role. The print and electronic

media would play an important role in educating people.

Therefore, all must collectively make efforts to solve the

aforesaid issues and make the City of Ahmedabad, which is

their own city, a Smart City in its true sense.

32. The concerned respondents and/or Departments

shall submit periodical compliance Reports on the aforesaid

directions bi-monthly on the record of the present case, to be

placed before the Court.

Stand Over to 06.07.2018.

sd/-(M.R. SHAH, J)

sd/-(A.Y. KOGJE, J)

sunil

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R/WRIT PETITION (PIL) NO. 170 of 2017With

CIVIL APPLICATION NO. 1 of 2017With







R/LETTERS PATENT APPEAL NO. 541 of 2017 In

SPECIAL CIVIL APPLICATION NO. 12512 of 2016With

R/WRIT PETITION (PIL) NO. 199 of 2017With

R/WRIT PETITION (PIL) NO. 230 of 2016 FOR APPROVAL AND SIGNATURE: HONOURABLE MR.JUSTICE M.R. SHAH andHONOURABLE MR.JUSTICE A.Y. KOGJE======================================1 Whether Reporters of Local Papers may be

allowed to see the judgment ?

2 To be referred to the Reporter or not ?

3 Whether their Lordships wish to see the fair copy of the judgment ?

4 Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder ?

Page 1 of 32


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======================================MUSTAK HUSSAIN MEHNDI HUSSAIN KADRI

VersusSTATE OF GUJARAT

======================================Appearance:WPPIL 170/2017MR AMIT M PANCHAL(528) with MR SIDDHARTH M JHA with MR ANGESH A PANCHAL for the PETITIONER(s) No. 1MS MANISHA LAVKUMAR, GOVERNMENT PLEADER(1) with MR PRANAV TRIVEDI, ASSISTANT GOVENRMENT PLEADER for the RESPONDENT(s) No. 1MR KAMAL TRIVEDI, SENIOR ADVOCATE with MR SATYAM Y CHHAYA(3242) for the RESPONDENT(s) No. 2,3,4,5

Civil Application No.1/2017MR AJ YAGNIK for the APPLICANT(s) No.1MS MANISHA LAVKUMAR, GOVERNMENT PLEADER(1) with MR PRANAV TRIVEDI, ASSISTANT GOVENRMENT PLEADER for the RESPONDENT(s).MR KAMAL TRIVEDI, SENIOR ADVOCATE with MR SATYAM Y CHHAYA(3242) for the RESPONDENT(s)MR AMIT M PANCHAL(528) with MR SIDDHARTH M JHA with MR ANGESH A PANCHAL for the RESPONDENT(s)

Civil Application No.2/2018MR AMIT M PANCHAL(528) with MR SIDDHARTH M JHA with MR ANGESH A PANCHAL for the APPLICANT(s) No. 1MS MANISHA LAVKUMAR, GOVERNMENT PLEADER(1) with MR PRANAV TRIVEDI, ASSISTANT GOVENRMENT PLEADER for the RESPONDENT(s).MR KAMAL TRIVEDI, SENIOR ADVOCATE with MR SATYAM Y CHHAYA(3242) for the RESPONDENT(s)

Civil Application No.3/2017MR KAMAL TRIVEDI, SENIOR ADVOCATE with MR SATYAM Y CHHAYA(3242) for the APPLICANT(s)MR AMIT M PANCHAL(528) with MR SIDDHARTH M JHA with MR ANGESH A PANCHAL for the RESPONDENT(s)MS MANISHA LAVKUMAR, GOVERNMENT PLEADER(1) with MR PRANAV TRIVEDI, ASSISTANT GOVENRMENT PLEADER for the RESPONDENT(s).

Civil Application No.3/2018MR NM KAPADIA for the APPLICANT(s)MR AMIT M PANCHAL(528) with MR SIDDHARTH M JHA with MR

Page 2 of 32


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ANGESH A PANCHAL for the RESPONDENT(s)MS MANISHA LAVKUMAR, GOVERNMENT PLEADER(1) with MR PRANAV TRIVEDI, ASSISTANT GOVENRMENT PLEADER for the RESPONDENT(s).MR KAMAL TRIVEDI, SENIOR ADVOCATE with MR SATYAM Y CHHAYA(3242) for the RESPONDENT(s)

Civil Application No.5/2018MR VISHAL T PATEL for the APPLICANT(s)MR AMIT M PANCHAL(528) with MR SIDDHARTH M JHA with MR ANGESH A PANCHAL for the RESPONDENT(s)MS MANISHA LAVKUMAR, GOVERNMENT PLEADER(1) with MR PRANAV TRIVEDI, ASSISTANT GOVENRMENT PLEADER for the RESPONDENT(s).MR KAMAL TRIVEDI, SENIOR ADVOCATE with MR SATYAM Y CHHAYA(3242) for the RESPONDENT(s)

Civil Application No.6/2018MR YATIN SONI for the APPLICANT(s)MR AMIT M PANCHAL(528) with MR SIDDHARTH M JHA with MR ANGESH A PANCHAL for the RESPONDENT(s)MS MANISHA LAVKUMAR, GOVERNMENT PLEADER(1) with MR PRANAV TRIVEDI, ASSISTANT GOVENRMENT PLEADER for the RESPONDENT(s).MR KAMAL TRIVEDI, SENIOR ADVOCATE with MR SATYAM Y CHHAYA(3242) for the RESPONDENT(s)

Civil Application No.7/2018MR PRITHU PARIMAL for the APPLICANT(s)MR AMIT M PANCHAL(528) with MR SIDDHARTH M JHA with MR ANGESH A PANCHAL for the RESPONDENT(s)MS MANISHA LAVKUMAR, GOVERNMENT PLEADER(1) with MR PRANAV TRIVEDI, ASSISTANT GOVENRMENT PLEADER for the RESPONDENT(s).MR KAMAL TRIVEDI, SENIOR ADVOCATE with MR SATYAM Y CHHAYA(3242) for the RESPONDENT(s)

Letters Patent Appeal No.541/2017MR JV JAPEE for the APPLICANT(s)MR BY MANKAD for the RESPONDENT(s)

Writ Petition No.230/2016MR NM KAPADIA for the APPLICANT(s)MS MANISHA LAVKUMAR, GOVERNMENT PLEADER(1) with MR PRANAV TRIVEDI, ASSISTANT GOVENRMENT PLEADER for the RESPONDENT(s) No.1

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MR DIPAK N JOSHI for the RESPONDENT(s) No.3MR KAMAL TRIVEDI, SENIOR ADVOCATE with MR SATYAM Y CHHAYA(3242) for the RESPONDENT(s) No.4

Writ Petition No.199/2017MR MUKESH N VAIDYA for the APPLICANT(s) No.1, 2MR AADITYA D BHATT for the APPLICANT(s) No.1, 2MS MANISHA LAVKUMAR, GOVERNMENT PLEADER(1) with MR PRANAV TRIVEDI, ASSISTANT GOVENRMENT PLEADER for the RESPONDENT(s) No.1MR KAMAL TRIVEDI, SENIOR ADVOCATE with MR SATYAM Y CHHAYA(3242) for the RESPONDENT(s) No. 2, 4======================================

CORAM: HONOURABLE MR.JUSTICE M.R. SHAHandHONOURABLE MR.JUSTICE A.Y. KOGJE

Date : 07/08/2018

ORAL JUDGMENT

(PER : HONOURABLE MR.JUSTICE M.R. SHAH)

[1.0] Today when the present petitions are taken up for

further hearing, Shri Kamal Trivedi, learned Senior Advocate

appearing on behalf of the respondent – Ahmedabad Municipal

Corporation has submitted that after the earlier detailed

directions are issued by this Court to tackle with the problem

of stray cattle on the public road, Ahmedabad Municipal

Corporation has taken the following steps;

(i) Cattle impounding operation is intensified by increasing

number of teams and decentralizing operations;

(ii) Now work is being done 24 x 8;

(iii) Daily 110-115 cattle are being impounded compared to

50-60 earlier;

(iv) Rs.10 lakh is sanctioned for minor repairs at Panjrapole;

(v) Rs.35 lakh is sanctioned for building sheds at

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Behrampura Cattle Pound to shelter the increase intake;

(vi) More teams are being put in place;

(vii) Penalty increase proposal is approved by the Standing

Committee and implemented (Rs.1000/- to Rs.3000/-);

(viii) Daily upkeep charges is doubled from Rs.500/- -

Rs.1000/-

[2.0] It is submitted that compulsive registration shall

also begin within this week. It is further submitted that the

Cattle Nuisance Controlling Department is undertaking the

activity of removing stray cattle from public road with utmost

zeal and sincerity. It is further submitted that as pointed out

earlier, the amount of penalty is raised upto 200% by the

Standing Committee of the Ahmedabad Municipal Corporation

and now the Corporation has decided to apply tag to the stray

cattle which are captured and if the same stray cattle, is

captured again, amount of fine would increase against the

owner of the stray cattle. It is submitted that the above

referred decision would result into deterrent effect against the

owner of stray cattle and then they would not indulge into

activity of keeping their cattle on road.

[2.1] Shri Kamal Trivedi, learned Senior Advocate

appearing on behalf of Ahmedabad Municipal Corporation has

further submitted and stated at the Bar that the penalty

amount recovered on account of cattle impounding shall be

kept and maintained separately and shall be utilized for the

purpose of betterment of the purpose of cattle at Panjrapole

area as well as for creating awareness to the reduce cattle

nuisance on public streets. It is further submitted that the

Ahmedabad Municipal Corporation shall provide for more

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amount to carryout the repairs, to provide for better facilities

at Panjrapole and to increase the intake capacity. It is further

submitted that the Ahmedabad Municipal Corporation shall

declare certain roads as zero tolerant cattle nuisance road to

begin with. It is further submitted that the Ahmedabad

Municipal Corporation in consultation with the State

Government shall identify the land /lands on the outskirt of the

city for rehabilitating the cattle and the cattle owners. He has

also stated at the Bar that all the action /necessary steps shall

be taken to deal with /tackle the stray cattle problem on the

public roads /streets.

[3.0] Ms Manisha Lavkumar, learned Government Pleader

appearing on behalf of the State has stated at the Bar that all

assistance shall be provided by the Police Department as and

when required to remove the stray cattle from the public

road /streets.

[4.0] Concerned respondents are directed to act as

stated /submitted hereinabove and are also directed to comply

with our earlier order /directions issued in our earlier order

dated 11/05/2018, more particularly, the directions contained

in paragraph nos.29(19) to 29(3) so that the people /citizens

may not have to suffer due to stray cattle on the public

roads /streets. It is observed and directed that if anybody tries

to interfere with any of the action taken by Ahmedabad

Municipal Corporation and /or its Officers in performing their

duties, they shall be dealt with strictly. Nobody can be

permitted to take the law in their own hands and nobody can

be permitted to interfere with any public Officer in performing

their duties as a public Officer.

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[5.0] Now so far as the parking issues are concerned, Shri

Kamal Trivedi, learned Senior Advocate has submitted that on

an extremely busy road with heavy traffic and lack of space,

multilevel parking on pay and use basis is an ideal solution and

in fact it is the need of the day. It is submitted that at present

there are three such multi level parkings, Makrand Desai

Parking at Relief Road; Kankariya Multilevel Parking at

Kankariya, Maninagar and Navrangpura Complex at

Navrangpura, which at present have total capacity of 1080 for

two wheelers and 700 for four wheelers. It is submitted that

upon survey it is found that the multilevel parking would also

be necessary in other heavy traffic zones and areas having

less open space. It is submitted that five such multilevel

parking plots are proposed in such areas;

Sr. No. Name of Zone Location of Plots Area of plot in sq. mtr.

1 New West Opp. Prahladnagar Garden 7189

2 New West Nr. Arista Complex, Shindhubhavan Road, Bodakdev

9116

3 West Silver Star Cross Road, Chandlodiya

3964

4 South Shell Petrol Pump, Nr. Hirabai Tower, Maninagar

7289

5 West Panjrapol Cross Road, Gulbai Tekra, Ahmedabad

7196

Total 34754

[5.1] It is further submitted by Shri Kamal Trivedi,

learned Senior Advocate appearing on behalf of the

Ahmedabad Municipal Corporation that in the fairly high traffic

areas with open spaces available, Corporation has identified

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25 parking plots with total capacity of parking of 11792 two

wheelers and 2020 four wheelers. It is further submitted that

these parking plots are already available for parking at token

fees. It is further submitted that the Corporation has identified

48 more such parking plots all over the city of Ahmedabad with

total parking capacity of 20984 for two wheelers and 3171 for

four wheelers. It is submitted that the list of such 25

operational parking plots and 48 proposed parking plots are at

Item Nos.2 and 3 with the written submissions. It is submitted

that such parking plots shall be made operational within a

period of 10 days of the order by recovering token parking

charges.

[5.2] It is further submitted that the Corporation has also

identified 21 parking spaces available under the flyovers in the

city of Ahmedabad and the Corporation has to frame proper

policy in administering of the aforementioned parking spaces

with uniformity so as to put the parking spaces to its maximum

utlization, for which the Corporation as well as the Traffic

Police shall give wide publicity with the use of print /electronic

media, social media, radio programme and if necessary, by

providing special application to cater to the specific need of

parking of an individual.

[6.0] It is submitted by Ms Manisha Lavkumar, learned

Government Pleader appearing on behalf of the respondent –

State that on 06/08/2018, a joint meeting was convened

between higher Officers of the Police Department and the

higher Officers of the Ahmedabad Municipal Corporation to

discuss the parking issue in the city. It is submitted that the

authorities are also seriously considering to provide on-road

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parking, after having proper study and consultation with the

traffic department, however depending upon the width of the

road.


appearing on behalf of the respondent – Ahmedabad Municipal

Corporation as well as Ms Manisha Lavkumar, learned

Government Pleader appearing on behalf of the respondent –

State and the Traffic Department has submitted that nobody

shall be permitted to park any vehicles on the public roads and

even nobody shall be permitted to sell anything on the public

roads /streets and no encroachment on the public roads

/streets shall be permitted and all effective steps shall be

taken to remove the encroachment form the public roads

/streets. It is further submitted by Shri Kamal Trivedi, learned

Senior Advocate appearing on behalf of Ahmedabad Municipal

Corporation that wherever in the old buildings, commercial and

/or residential, any parking space is regularized on certain

terms and conditions and if it is found that there is breach of

such terms and conditions, appropriate steps shall be taken.

He has stated at the Bar that there shall not be any

regularization of the encroachment on the parking space

and /or spaces reserved for parking, henceforth. It is submitted

that there shall be strict implementation of parking space on

the upcoming constructions. It is submitted that wherever

breach of plan is found insofar as parking space is concerned,

forthwith recall of the sanctioned plan after following the

procedure as required / after following the principles of natural

justice shall be done.

[7.1] It is further submitted by Shri Kamal Trivedi,

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learned Senior Advocate appearing on behalf of Ahmedabad

Municipal Corporation that to reduce traffic at S.G. Highway,

the Ahmedabad Municipal Corporation, AMTS has started

Route No.501 (Vaishnodevi Express) and in view of such

facility, citizens would be getting the facility of bus transport

frequently at every ten minutes between Vaishnodevi Temple

and Ujala Circle and total distance of the route is about 18.3

km. It is submitted that the cost of the ticket is very nominal

i.e. Rs. 5/- , Rs.10/- and Rs.15/- and about almost 7200

passengers are using such facility on daily basis.

[7.2] It is further submitted that as per the present

strength, there are total 700 AMTS buses over and above BRTS

buses plying on the road providing public transport to the

citizen of Ahmedabad and the existing strength includes 450

mini buses, 08 mini buses and 200 regular buses. It is

submitted that Corporation has introduced mini buses by

considering the traffic situation of Ahmedabad so that small

size buses can be used for public transport which would

ultimately reduce traffic problem to a great extent. It is

submitted that AMTS has proposed to purchase 50 new AC

electric mini buses, plus 10 mini CNG buses, plus 100 mini CNG

buses (Non AC) and 100 regular (AC) buses. It is submitted

that the Corporation is in the process of strengthening the

public transportation so as to reduce traffic problem within the

city limits of Ahmedabad.

[7.2] He has stated at the Bar that the Ahmedabad

Municipal Corporation would initiate programme to the drivers

of the BRTS and AMTS buses and if need be concerned expert

authorities would be consulted for the purpose of training. It is

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submitted that the drivers of BRTS and AMTS buses who are

found to be not parking the buses at the bus stand properly,

show cause notice shall be issued to them and in fact are

already issued.

[8.0] Ms Manisha Lavkumar, learned Government Pleader

appearing on behalf of the respondent – State and the Traffic

Department has submitted that to tackle with drivers, State

Government is committed to take necessary steps. It is

submitted that for the aforesaid 47 Police Stations were

consulted so that specific pick up points for auto rickshaw can

be made. It is submitted that after such consultation 25000

points are earmarked as pick up points for auto rickshaw. It is

submitted that such parking points should be under constant

monitoring of the Traffic Department as well as Ahmedabad

Municipal Corporation so as to restrict the auto rickshaw within

the area provided. It is submitted that the Traffic Police as well

as the Ahmedabad Municipal Corporation shall ensure that

such allotted pick up spots are kept open and freely available

for the very purpose and shall be kept free from any

encroachment by temporary or permanent structures.

[8.1] It is further submitted by Ms Manisha Lavkumar,

learned Government Pleader appearing on behalf of the State

that the State Government has decided to undertake training

to auto rickshaw drivers, who are 1 ½ lakh in numbers and to

BRTS as well as AMTS drivers through trained persons with the

help of latest technology and specific audio video modules. It

is submitted that badges and uniforms shall be provided to the

auto rickshaw drivers. It is submitted that after completion of

the training course, proper certificate would be provided to

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auto rickshaw drivers. It is further submitted that to create

awareness and to educate children on the traffic laws, Traffic

Department - State Government is planning to undertake

activities with schools as well as NGOs for imparting traffic

knowledge to students and citizen respectively. It is

submitted that the Traffic Department is already having

Transport Education Awareness Mobile (TEAM) for bringing

traffic awareness. It s submitted that it is pursuant to such

programme nearly 6.5 lakhs students and 21 lakhs citizens

have been imparted awareness training by now. It is

submitted that there is already a special number i.e. 1095 for

making complaints with regards to the traffic issues and

whatever complaint is received on such number with respect

to any traffic problem /congestion of traffic in a particular area

/road, on receipt of such information, concerned respondents

are directed to act as above as well as shall comply with our

earlier directions contained in our earlier order dated

11/05/2018 in Writ Petition No.170/2017 and various orders

passed in the present proceedings from time to time.

[9.0] It is reported that by taking further steps, after the

detailed directions were issued by this Court, there is lot of

improvement because of the team work and the work done

jointly by the traffic department as well as the Officers of the

Ahmedabad Municipal Corporation. It is submitted that there

is awareness created in the minds of the common people and

they have started understanding and /or realizing the value of

time. It is reported that because of various steps taken to deal

with the traffic issue and the encroachments are removed,

approximately 30-40% time of the common people /citizen is

saved. As observed in the earlier order, under the able

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leadership of the Commissioner of Police, Ahmedabad as well

as the Commissioner, Ahmedabad Municipal Corporation and

the collective steps taken by the Officers of the concerned

Department and the constant guidance and support from the

State Government, things have improved. Concerned

respondents are directed to continue to take steps. Every

citizens must appreciate and understand that on one hand

they were right and on the other hand they have certain duties

also, and therefore, now the citizens also have to play an

important role and fully cooperate with the concerned

Department while taking the steps to deal with the traffic

issue. All must consider the city of Ahmedabad as their own

city (my own city).

[10.0] In view of the above and for the reasons stated in

the earlier order dated 11/05/2018, Writ Petition No.170/2017

stands disposed of with the following directions;

Re. Problem of Public Roads /Service Roads

(1) The Ahmedabad Municipal Corporation, its

officer, agents, as well as the State Government

and its concerned authorities shall strictly and

scrupulously follow and comply with the directions

issued by the Division Bench of this Court in the

case of Sharda Sahkari Gruh Mandali Ltd. And Ors.

v. Ahmedabad Municipal Corporation And Ors.

(supra), more particularly, in Paragraphs 35 to 41 of

the said decision.

(2) There shall be proper and effective supervision

and monitoring of the construction/ resurfacing/

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restoration of roads by the concerned officers of the

concerned Departments of the Corporation as per

the relevant Rules and Regulations,Circulars,

Notifications, etc. issued from time to time with

respect to entrustment and delegation of powers,

more particularly, for maintenance of roads as per

Manual-II, Regulation and Delegation of Powers of

the Corporation, namely:-

(i) It will be the duty of the Engineering

Department of the Corporation to see that roads

are reconstructed/ resurfaced / restored as per the

specifications and quality and that the Assistant

City Engineer of the concerned area shall certify,

after construction/resurfacing/ restoration of the

road that the road is constructed / resurfaced/

restored as per the specifications and as per the

quality, which shall be counter-signed by his

superior and then and then only and after the same

is certified by the Accounts Department, and audit,

payment to the concerned Contractor shall be

made.

(ii) If any Certificate is found to be incorrect

and/or inaccurate and/or false, the concerned

Officer of the Engineering Department shall be held

personally responsible for which over and above

disciplinary action, he/ she may be made liable for

the related offences punishable under the Indian

Penal Code also.

(iii) The Municipal Corporation to see to it that in

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each contract/ tender notice, there shall be

specification of the quality of the road and if there

is any deviation found, the Contractor concerned

shall reconstruct the same within the Defect

Liability Period which shall not be less than two to

three years.

(iv) That the Security Deposit and Performance

Security Deposit/ Bank Guarantee shall be higher so

that ultimately, if the Contractor does not restore

the road and/or reconstruct the road as per the

specifications, then in that case, same can be

restored/reconstructed at the cost of the Contractor

which can be recovered from the Security Deposit

and/or Performance Security Deposit and/or Bank

Guarantee. In such an eventuality, the Contractor

shall also be saddled with heavy penalty.

(v) Payments to the Contractors shall be made only

after the Assistant City Engineer of the concerned

area certifies, after construction/ resurfacing/

restoration of the road, that the road is

constructed / resurfaced/ restored as per the

specifications and as per the prescribed quality, and

only after the proper verification of the claim which

shall be on the basis of the measurement noted in

the Measurement Book and after the same is

counter-signed by his superior and certified by the

Accounts Department and thereafter by the Audit

Department.

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(3) There shall be overall constant supervision

and monitoring by the Commissioner, Deputy

Commissioner and the City Engineer of the

Corporation as ultimately, being the Heads of the

Corporation/ Departments, they shall be

responsible.

(4) So far as non-finalization of the Town Planning

Schemes with respect to the areas included in the

Ahmedabad Municipal Corporation, more

particularly, those included after the year 2006, is

concerned, the State Government – Urban

Development and Urban Housing Department, the

Chief Town Planner, the Town Planning Department

of the Ahmedabad Municipal Corporation and the

Commissioner, Ahmedabad Municipal Corporation,

are hereby directed to see that the Schemes are

finalised at the earliest so that the residents of

those areas may get the required infrastructural

facilities such as roads, electricity, drainage, etc. In

a given case, the Appropriate Authority/ Competent

Authority to exercise powers under Section 48A of

the Gujarat Town Planning and Urban Development

Act, 1976, pending finalisation of the Town Planning

Schemes. However, all endeavour shall be made to

finalise the Town Planning Schemes at the earliest,

but not later than one year from today, as it is

reported that because of non-finalisation of the

Town Planning Schemes, roads are not constructed

and infrastructural facilities are not provided to

such areas.

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(5) That there shall be proper survey, analysis

and design so that there shall be a detailed

technical analysis and design of existing road

surveys, etc. Therefore, it is suggested to have /

appoint Project Management Consultant for road

work to improve the qualitative and quantitative

progress of road work as empanelment of Project

Management Consultancy Services may help the

Road Project Division as well as zonal works for the

purpose of carrying out day-to-day monitoring,

quality testing, quantity checking, record keeping

and allied works in road construction. The AMC

engineers shall ensure that the execution of works

by the Contractors and Project Management

Consultancy are carried out as per the tender

specifications, terms and conditions and as

observed hereinabove, the bills shall be processed

after verification of the quality parameters,

measurements and on satisfying the tender

requirements and the roles and responsibilities of

the Engineers shall be as per the Engineering

Manual.

(6) The Corporation may also consider exploring

the possibility of making use of plastic waste in

certain proportion compulsory in case of

construction of roads of a particular length to have

more durability. However, for the same, the

Corporation may consider the Circulars/

Notifications of the Ministry of Road Transport and

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Highways regarding the same.

(7) The Standing Committee and the concerned

Committee shall consider the aforesaid proposal at

the earliest as it is the duty of the elected body also

to resolve the problems of citizens as ultimately,

they also will be responsible. Members of the

various Committees, including the Standing

Committee to perform Proactive Role in the larger

Public Interest.

(8) That the Road Opening Permits henceforth

shall have stringent terms and conditions regarding

proper safety barricading, immediate reinstatement

and timely maintenance till the end of the Defect

Liability Period. That no Road Opening Permit /

Road Digging Permit shall be granted firstly in the

monsoon season unless the same is required for

emergent situation for which the head of the

concerned Department of the Corporation shall

certify such emergent need. Further, no Road

Opening Permits/ Road Digging Permits be granted

unless the same are backed by a time-bound

programme, namely the date on which the digging

work will start, the number of days for which the

same will continue, the specific date on which the

work, for which the Road Opening Permit is granted,

will be over, and that immediately but not later

than three days, the road shall be restored/

resurfaced by such permit holders who have been

granted Road Opening Permits for their own

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Projects/ Work. The roads must be restored/

resurfaced in a proper condition by such permit

holders only and if the roads are not restored/

resurfaced by the concerned Road Opening Permit

holders within the time stipulated in the application,

in that case only, the Corporation may reinstate/

resurface/ restore the road at the cost of such Road

Opening Permit holders which shall be recovered by

the Corporation from the Security Deposit which

shall always be higher than the proposed cost for

resurfacing / restoration. Therefore, the Security

Deposit/ Deposit shall vary from work to work and

looking to the measurement/ area. In the Road

Opening Permit itself, it shall be specifically

mentioned that if the road is not reinstated and/or

restored and is not made motorable within the

stipulated period of time, then in that case, in

future, the concerned permit holder shall not be

granted any permission to open the road and/or to

dig the road. As regards whether the road for which

the permission to dig is granted is restored and/or

reinstated, or not, the same shall be monitored and

supervised by the Head of the Department who

grants such Road Opening Permit and that it shall

be so certified by the Assistant City Engineer. It

shall be the duty of the concerned Officers of the

Department of the Corporation to see that after

digging, roads are reinstated and/or resurfaced

and/or restored appropriately so that in future,

there shall not be possibilities of potholes and/or

holes.

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(9) There shall be constant monitoring and/or

supervision by the higher authorities, more

particularly, the Municipal Commissioner on the

work of the concerned officers of the Engineering

Department. After the present petition was filed,

the samples of the roads were sent to the FSL and

the laboratory, namely, the Gujarat Engineering

Research Institute, and it is reported that on the

basis of the preliminary inquiry reports,

departmental inquiries have been initiated.

However, thereafter, nothing further is reported to

have been done. Under the circumstances, the

Commissioner, Ahmedabad Municipal Corporation,

is hereby directed to initiate and complete the

departmental inquiries against such erring officers

and to see that appropriate action is taken against

such concerned erring officers based on the merits

of each case, as but for their negligence and/or

connivance, the conditions of roads would not have

been in such a poor /damaged state. The aforesaid

exercise shall be completed within a period of three

months and report on the same shall be placed

before this Court in the present proceedings. The

elected wing of the Corporation also to see to it that

the aforesaid directions are complied with.

Re.: Traffic Problem:

(10) Now so far as traffic problem faced by the

citizens/ residents of the city is concerned, it is

directed that there shall be a proper study

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conducted by the State Government and the

Corporation. There shall be an in depth study of

the traffic problem, more particularly, congestion of

traffic and the bottlenecks in smooth movement of

traffic is required to be studied and found out so

that further corrective measures can be taken. In

many cases, important junctions are required to be

redesigned using inhouse expertise or with the help

of external experts to bring out the solution relating

to the problem of traffic. The Traffic Engineering

Department of the Corporation therefore shall

extend complete cooperation to the Traffic Police

Department to ensure smooth movement of traffic

at all important junctions in the city. If required,

important junctions shall be redesigned using in-

house expertise or with the help of external experts

to bring out the solutions of the problems related to

traffic and for which there shall be an expert

opinion of the Committee consisting of experts.

(11) That the teams of the Estate Department shall

ensure removal of all types of encroachment on

roads which are obstructing free movement of

vehicles as well as pedestrian movement.

Footpaths

and service roads are meant for smooth movement

of traffic and pedestrians. Therefore, the Estate

Department of the Corporation and the Traffic

Police Department are hereby directed to ensure

removal of all types of encroachments on roads/

service roads which are obstructing free movement

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of vehicular traffic. The concerned Departments of

the State Government as well as the Corporation,

more particularly, the Traffic Police Department and

the Estate Department and the Commissioner of

Police, Ahmedabad City, are directed to see that

the vehicles are not parked on roads/ service roads

surrounding the shopping centers, restaurants,

clubs, hospitals, educational institutions,

commercial/office complexes, malls, religious

places, parks, theaters, Party-Plots etc. and they

shall see to it that the vehicles of people visiting

such places are parked in the Parking place in such

buildings itself and that the roads/ service roads

situated in front of or abutting such shopping

centers, restaurants, clubs, hospitals, educational

institutions, commercial/office complexes, malls,

religious places, parks, theaters, Party-Plots etc. are

not converted into their permanent parking place.

Therefore, the concerned Departments shall first

serve notice/ notices upon the management /

owners / proprietors / trust etc. of the concerned

shopping centers, restaurants, clubs, hospitals,

educational institutions, commercial/office

complexes, malls, religious places, parks, theaters,

Party-Plots etc. which are having their buildings

abutting the roads/ service roads with a specific

mention that if any of the visitors to such places

park their vehicles on road, it will be the

responsibility of the concerned management/

owners/ proprietors / trust etc. to see to it that

vehicles are not parked on public roads/ service

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roads.

(12) The teams of the Estate Department of the

Corporation shall also ensure that adequate parking

spaces are provided at the time of issuing Building

Use Permissions as per the GDCR. Correspondingly,

it shall be ensured by timely inspections that the

allocated parking spaces in the structures are not

encroached after the issuance of Building Use

Permissions.

(13) Strict action shall be taken against those who

park their vehicles on public roads, more

particularly, in “No Parking Zone”. No parking shall

be allowed, at least on crossroads/ junctions. If

ultimately, the parking is found on cross-roads and

No Parking Zones, the concerned Police Officer on

duty at the particular point shall be held personally

responsible for allowing such parking for which such

officer shall be liable for disciplinary proceedings for

dereliction in duty, etc.

(14) The speed breakers/ bumps on the roads shall

be constructed as per the design and size as per

the rules and regulations of the Indian Road

Congress as far as possible however, subject to the

requirements and need.

(15) The Commissioner of Police (Traffic) and the

Commissioner, Ahmedabad Municipal Corporation

are directed to see that the aforesaid directions are

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complied with in its true spirit.

(16) Comprehensive Mobility Plan for Gujarat

metros shall have to be prepared by the

Government of Gujarat as per Ministry of Urban

Development Guidelines.

(17) To ensure safe and smooth mobility in the

city, the Mantra of “E-E-E”, that is:

* Engineering,

* Education of People and

* Enforcement of laws,

has to be followed.

(18) There shall be coordination between different

Departments of the Government and there shall be

periodical high level joint committee meetings once

in a month to ensure appropriate solutions to the

problems.

Re.: Cattle Menace:

(19) Now, so far as the stray cattle menace and

the problem of cattle on public roads is concerned,

the directions issued by the Division Bench of this

Court in the case of Sharda Sahkari Gruh Mandali

Ltd. And Ors. v. Ahmedabad Municipal Corporation

And Ors. (supra) and the earlier directions referred

to in the said decision shall be fully and truly

implemented. All efforts shall be made by the

Corporation and the State Government to remove

cattle from public roads because stray cattle on the

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roads are not only hindering the smooth and safe

movement of traffic but are also very dangerous

and sometimes fatal and are likely to create

hygienic problems also.

(20) The Ahmedabad Municipal Corporation as well

as the Commissioner of Police are hereby directed

to see that no person sells fodder/ grass on public

road and they shall see to it that there shall be

constant daily monitoring and supervision by the

concerned Police Officers of the concerned area and

if at all it is found that any person is selling grass/

fodder on public road, the in-charge of the

concerned Police Station shall be held personally

responsible.

(21) Municipal Corporation shall relocate stray

cattle from the roads to Gaushalas or institutions

made for providing shelter to stray cattle.

(22) For removal of stray cattle from roads and for

the relocation to the Gaushalas etc., the Municipal

Corporation shall press into service, sufficient

number of persons and vehicles for impounding and

relocating animals.

(23) The vehicles which are used for carrying

impounded cattle and animals shall be fitted with

ramps in order to avoid the chances of injury to

them.

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(24) The transit and handling of the stray cattle

and animals will be in conformity with the laws

providing for their safety and prevention of injuries

to them including Prevention of Cruelty to Animals

Act, 1960.

(25) The cattle located in the city shall have a tag

number tied around their necks and the tag number

should be indicative of the name and address of the

person to whom the animal belongs so that there

will be no difficulty in tracing their owners. This

direction shall be carried out by the person(s)

owning the cattle. The enforcement of this

condition shall be made by the civic authorities.

(26) Prosecution should be launched under the

various penal provisions against the owners of such

cattle which are found on streets and roads

unattended.

(27) The Municipal Corporation shall employ

sufficient number of persons to catch stray cattle

and animals found on roads and streets. Once they

are caught, they shall be impounded and may be

released to owners on payment of fine and subject

to other directions mentioned herein.

(28) The State Government shall assist the

Municipal Corporation, Ahmedabad, in securing the

implementation of the aforesaid directions. This

may include financial assistance which would be

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required by the Municipal Corporation of

Ahmedabad to carry out the directions contained in

this order effectively.

(29) The Commissioner of Ahmedabad Municipal

Corporation shall nominate two officers, over and

above the Head of the Cattle Nuisance Control

Department who shall be responsible for carrying

out the directions issued by this Court.

(30) As observed in the earlier order, the State

Government to find out a permanent solution of

cattle menace, may be by enacting appropriate law

on the lines of State of Maharashtra. Therefore, the

State Government may consider the same.

[10.1] Over and above the above directions, it is further

directed that the Commissioner, Ahmedabad Municipal

Corporation, Ahmedabad to see to it that the quality of roads is

maintained and the payment is made to the Contractors only

after considering the measurement books and the directions

issued hereinabove. Considering the fact that the amount,

which has been paid for the purpose of construction of roads

etc. shall be public money, Commissioner may also consider to

place the information with respect to spending the amount,

including the measurement /roads etc. in the public domain as

ultimately Ahmedabad Municipal Corporation is the custodian

of the public money and the people whose money is being

spent have a right to know where their amount is being spent.

[10.2] We are of the opinion that let the fine /penalty

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collected while impounding the stray cattle be used for the

betterment of Panjrapole and /or rehabilitate the concerned

owners to rehabilitate the cattle.

[10.3] To ease the traffic problem, State Government and

Ahmedabad Municipal Corporation to increase the public

parking places and see to it that more and more public parking

places are made available. State Government and /or

Ahmedabad Municipal Corporation may also consider and /or

reconsider, ofcourse after following due procedure of law, the

decisions regularizing the parking places in the commercial

buildings and to consider whether the regularization was

permissible under the law or not. State Government and the

Ahmedabad Municipal Corporation also to increase the public

transport facilities to ease the traffic problem in the city of

Ahmedabad and other cities. State Government may also

consider to implement the present directions in other cities of

the State also, which are also reported to be having the same

problems and the citizens of those cities are also facing similar

difficulties.

[10.4] It is further observed that the State Government

and the Ahmedabad Municipal Corporation may seriously

consider to utilize and use the amount of penalty /fine

collected for traffic violation rules for the better facilities like

public transportation, public parking places and other like

facilities.

[11.0] Shri Anand Yagnik, learned Advocate has

made a grievance that approximately 7500 vendors would be

affected, and therefore, the Street Vendors (Protection of

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Livelihood and Regulation of Street Vending) policy, which is

there since many years is required to be implemented. Their

grievance may be looked into and the same be considered

subject to availability of space /lot. However, it is made clear

and even as observed by Hon’ble the Supreme Court in the

case of Ahmedabad Municipal Corporation Vs. Nawab

Khan Gulab Khan and Ors reported in (1997) 11 SCC 121

unauthorized encroachment of pavement dwellers affects

pedestrians’ right to free passage and also creates unhygienic

ecology, traffic hazards and risk to lives of pedestrians. It is

further observed that therefore the Municipal Corporation is

entitled to remove the encroachments without any delay, for, if

it allows the encroachers to remain in settled possession for a

long period, they may claim a semblance of right, and

therefore, while considering the aforesaid, Corporation may

also take into consideration the decision of the Hon’ble

Supreme Court in the case of Nawab Khan Gulab Khan and

Ors (Supra).

[11.1] In view of the above and for the reasons stated

hereinabove, Writ Petition No.170/2017 stands disposed of in

terms of the various directions issued by this Court from time

to time, more particularly, the directions issued /contained in

our earlier interim order dated 11/05/2018.


appearing on behalf of Ahmedabad Municipal Corporation and

Ms Manisha Lavkumar, learned Government Pleader appearing

on behalf of the respondent – State as well as Traffic

Department have stated at the Bar that they have assured the

Court that the directions issued by this Court issued from time

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to time, more particularly, the directions issued in the earlier

order dated 11/05/2018 and the directions issued today shall

be complied with in its true spirit and the steps, which are

taken, are not temporary steps, which they shall continue till

the ultimate goal /result is achieved i.e. smooth traffic on the

public road /streets, which shall be in the larger public interest.

Both of them have stated at the Bar that all efforts shall be

made by the concerned Department and the Officers of the

State Government to make the city of Ahmedabad a smart

city in the real sense and in line with the status as a heritage

city. With the hope and trust that all will perform their duties

in the right earnest to make the city of Ahmedabad smart city,

clean city and in real sense heritage city, Writ Petition

No.170/2017 stands disposed of, however, with a direction that

periodically bi-monthly action taken report /reports shall be

placed on record of the present proceedings, which shall be

placed before the Bench of which one of us be a party to the

Bench.

[11.2] Before parting with the present order, we once

again appreciate the steps taken by the State Government,

Corporation and all its Officers, including the Commissioner of

Police, Ahmedabad City and the Commissioner, Ahmedabad

Municipal Corporation for taking necessary steps considering

the interest of the citizen of Ahmedabad city to make the city

of Ahmedabad in real sense smart city, clean city and in real

sense a heritage city.

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Civil Application Nos.1/2017, 2/2018, 3/2017, 6/2018,

7/2018, Writ Petition No.230/2016 & Writ Petition

No.199/2017

In view of disposal of Writ Petition No.170/2017,

Civil Application Nos. 1/2017, 2/2018, 3/2017, 6/2018, 7/2018,

Writ Petition No.230/2016 and Writ Petition No.199/2017 stand

disposed of.

Civil Application No.3/2018

Now so far as Civil Application No.3/2018 is

concerned, it is reported that the Ahmedabad Municipal

Corporation has already issued notice for change of user in the

celler. The Ahmedabad Municipal Corporation is hereby

directed to take appropriate steps on such notice at the

earliest but not later than four weeks from today, however,

after following due procedure, as required.

With this, Civil Application No.3/2018 stands

disposed of.

Civil Application No.5/2018

Now so far as Civil Application No.5/2018 is

concerned, as the departmental inquiries are pending, we

refrain from passing any further order and the same stand

disposed of.

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Letters Patent Appeal No.541/2017

Now so far as Letters Patent Appeal No.541/2017 is

concerned, Shri Japee, learned advocate appearing on behalf

of the appellants seeks permission to withdraw the present

Appeal with a liberty to pursue the representation. Without

expressing anything on merits on the representation, present

Letters Patent Appeal stands dismissed as withdrawn. It will

be open for the appellants to pursue the representation for

which this Court has not expressed any opinion on merits.

(M.R. SHAH, J.)

(A.Y. KOGJE, J.)

siji

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21/10/19, 7:25 PMAhmedabad: Pothole kills teen girl returning from garba | Ahmedabad News - Times of India

Page 1 of 1https://timesofindia.indiatimes.com/city/ahmedabad/pothole-kills-teen-girl-returning-from-garba/articleshow/71460204.cms

Ahmedabad: Pothole kills teen girlreturning from garbaTNN | Updated: Oct 6, 2019, 6:29 IST

AHMEDABAD: An 18-year-old woman, Vaibhavi Parmar, died on Fridaynight after the scooter she was riding pillion on fell after hitting a pothole,near the the GMDC overbridge on Friday night. Her aunt, PriyankaSenma, was driving the scooter. Police sources said the duo had gone to a garba and were returninghome late at night. While they were driving down the overbridge, theirscooter hit the pothole and fell. While Priyanka suffered relatively minor injuries, Vaibhavi suffered injuriesto her head. They were rushed to a nearby private hospital, wheredoctors declared Vaibhavi brought dead. According to Nilesh Parmar, a resident of Ambawadi, his sister PriyankaSenma and her husband Jashwant had come to their house to celebrateNavratri. “On Friday night, Priyanka and Vaibhavi had gone to a garba andwere coming home when the accident occurred,” a police source said. Officials of A Division traffic police station said they have registered acase under Section 305(A) of the IPC. “We will investigate whether the pothole the scooter had struck wascaused by the negligence of municipal authorities. We will not spareanyone,” a senior police official said.

ANNEXURE - B Collectively 123

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21/10/19, 7:06 PMRoad repair drive from Navratri: CM Vijay Rupani | Ahmedabad News - Times of India

Page 1 of 2https://timesofindia.indiatimes.com/city/ahmedabad/road-repair-drive-from-navratri-cm/articleshow/70900744.cms

Road repair drive from Navratri: CMVijay RupaniTNN | Updated: Aug 30, 2019, 10:37 IST

AHMEDABAD: Chief minister Vijay Rupani has expressed concerns overdamaged roads in the state including those within the limits ofAhmedabad Municipal Corporation. Rupani said that road repairs willbegin from Navratri. Speaking in a function organized at Sola Road to flag off new electricbuses and also to mark the conclusion of the drive of the AMC to plant amillion trees, Rupani admitted that the quality of roads in the state andcorporation areas has suffered due to rain. He said, “I am aware that the roads have been damaged in the recentspells of rain. We, as the government, are committed to providing betterfacilities to the residents. We will begin road repairs soon after the rainsare over. We will take up massive road repairs in the state from Navratrifestival,” he said. The chief minister said that the government will also give funds to NagarPalikas and corporations so that road repairs can be taken up at theearliest. Potholes have mushroomed across Ahmedabad city roads following rainearlier this month. Official records say that there have been 1,700complaints from residents about potholes this monsoon. This is not thefirst time that the CM has touched upon the condition of roads. Whiledistributing cheques of Rs 2,000 crore for grants to Nagar Palikas andthe municipal corporations in 2017, Rupani had asked officials andelected office bearers of civic bodies to fix all potholes before Diwali. He had asked civic bodies to prepare master plans for repairing potholesin their respective areas. At the time, with the 2017 assembly electionsclose by, BJP president Amit Shah had in a public meeting asked thestate government to repair the roads in a fortnight.

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21/10/19, 7:07 PMAhmedabad’s seasonal rough patch strikes | Ahmedabad News - Times of India

Page 1 of 7https://timesofindia.indiatimes.com/city/ahmedabad/ahmedabads-…tm_medium=referral&utm_campaign=iOSapp&utm_source=WhatsApp.com

Ahmedabad’s seasonal rough patchstrikesTNN | Updated: Sep 20, 2019, 10:46 IST

After every monsoon this stretch of the BRTS corridor requires repairsYawning potholes greet you on leaving your home or workplace and thecommutes are veritably back-breaking, something Amdavadis havebecome familiar with since the great road washout of 2017. Five days ago, Ahmedabad Municipal Corporation (AMC) engineers hadclaimed that 74km of city roads had potholes, following the five majorspells of rain. In 2017, there 98km of roads were deemed pothole-riddledaccording to the AMC’s official submission in the high court in January.

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Now, AMC officials claim that city roads have some 43,000 squaremetres need patching, and 36,800 square metres requiring minor repairs.Over the past five days, the AMC claims that some 79,087 square metresof road surface has been patched and and some 11,140 potholes androad abrasions were addressed. A press release from the AMC claimsthat he North and North West Zones need the most repairs, with 17,57square metres and 17,002 square metres needing patchwork,

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respectively. “Jet patcher machines had been deployed to get most roads motorable,”claimed municipal commissioner Vijay Nehra, in a press release. “Notices have already been issued to two contractors, where roads havebeen damaged within the defect liability period. The contractors havebeen told to repair these stretches and the AMC has even sought anexplanation as to why the roads suffered damage. “In four more days we will be complete the post-monsoon road repairwork. A major challenge ahead is getting the city ready for the October 2function,” a senior AMC official said.

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Across the city, some 2,300 complaints about potholes have been filed invarious zones. The majority of these pertain to areas such asChandkheda, Bodakdev, Danilimda, Chandlodia, Ghatlodia andBehrampura. “Most these roads are beyond their defect liability periodsand the AMC will have to bear the cost of repairing them.” There have been 2,329 complaints for potholes this year. Most of lodgedby people who suffer them on a daily basis.

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Cycle expedition by NCCTNN | Updated: Sep 20, 2019, 10:40 IST

127

21/10/19, 7:08 PMRain exposes poor road work in Ahmedabad, citizens suffer | Ahmedabad News - Times of India

Page 1 of 15https://timesofindia.indiatimes.com/city/ahmedabad/rain-exposes-poor-road-work-citizens-suffer/articleshow/71382180.cms

Rain exposes poor road work inAhmedabad, citizens sufferTNN | Updated: Oct 1, 2019, 8:39 IST

<p>Helmet Circle<br></p>Sporadic rains in September have taken their toll on Ahmedabad roadsand riding across the potholes are sure to injure spines of vehicle drivers. Patchwork done on roads just two days ago have also worn off. Take forinstance the road stretch near Amrapali Apartments in Bodakdev whereresidents have claimed that potholes have made the roads unmotorable.TOI did a check of areas near Narmada Awas homes on Sindhu BhavanRoad , Zodiac Square near Gurdwara, and Sky City Stella where roadshave begun to wear off.

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In all, the citizens across the city have lodged some 1,570 complaints thatrelate mainly to shoddy road patchwork and potholes. Many of the badlydamaged road stretches are in the highest property tax paying zones ofthe city. The posh North West zone of the civic body has registered some 420complaints in the last one month, while the neighbouring South Westzone has registered 289 complaints . The South zone is the worst-hit

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with 437 road repair complaints lodged in the same period. "The road stretch between Helmet Crossing and Vijay Crossroads nearthe Metro station is in a pathetic state. Why lay such poor quality roads,"said a Bopal resident Vikrant Sodha.

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Gujarat: Losses mount as rain halts play atgarba venues

TNN | Updated: Oct 1, 2019, 8:36 IST

In the wake of widespread rainfall on Monday, at least 15 garba andNavratri events across Ahmedabad were call...Read More'Rain gods, have some mercy!' is the only prayer echoing among garbaorganizers across Ahmedabad. As the heavy downpour continued overthe past two days, event organizers kept counting losses made andadvance payments they have forgone! In the wake of widespread rainfall on Monday, at least 15 garba andNavratri events across Ahmedabad were called off. These include both

130

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21/10/19, 7:10 PMAll is fines, AMC tells Gujarat high court | Ahmedabad News - Times of India

Page 1 of 2https://timesofindia.indiatimes.com/city/ahmedabad/all-is-fines-amc-tells-gujarat-high-court/articleshow/71587892.cms

All is fines, AMC tells Gujarat highcourtTNN | Updated: Oct 15, 2019, 11:15 IST

AHMEDABAD: The Joint Enforcement Team (JET) deployed by theAhmedabad Municipal Corporation (AMC) has fined over one lakhpersons in the city for defaulting in following civic norms in nearly fourmonths – from June 6 to September 30. The amount collected towards penalty from them is over Rs 4.27 crore.The health department’s JET has collected the highest fine – Rs 2.32crore.

Over 9K cattle impounded, 77 FIRs filed against owners

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21/10/19, 7:10 PMAll is fines, AMC tells Gujarat high court | Ahmedabad News - Times of India

Page 2 of 2https://timesofindia.indiatimes.com/city/ahmedabad/all-is-fines-amc-tells-gujarat-high-court/articleshow/71587892.cms

Ahmedabad: Following the Gujarat high court’s strict directions to keepthe city streets free of stray cattle, the AMC told the court in itsbimonthly report that the civic officials have registered 77 FIRs againstcattle owners for letting their cattle stray on city roads. Its cattle nuisance control department (CNCD) impounded 4,456 cattlefrom roads and collected Rs 26.46 lakh towards fine from their ownersbetween August 1 and September 30. This year, from April 1, AMC has impounded total 9,327 cattle andcollected Rs 81.50 lakh towards fine from cattle owners. On HC’s directions, AMC has applied 4,998 radio frequency identification(RFID) tags on cattle in last two months. Since April 1, total RFID taggedanimals are 10,452.

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Annexure – B Collectively Video Links • https://abpasmita.abplive.in/videos/sarkhej

-gandhinager-highway-not-good-condition-431219

• https://abpasmita.abplive.in/videos/maninagar-road-breaks-due-to-rain-431145

• https://abpasmita.abplive.in/videos/big-

hole-in-middle-of-the-ahmedabad-jodhpurs-road-431144

• https://abpasmita.abplive.in/videos/ahemd

abad-road-condition-not-good-431218

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SCC Online Web Edition, Copyright © 2019Page 1 Monday, October 21, 2019Printed For: Amit PanchalSCC Online Web Edition: http://www.scconline.com------------------------------------------------------------------------------------------------------------------------------------------------------------

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21/10/19, 7:20 PMCorporations go slow on Ahmedabad parking policies | Ahmedabad News - Times of India

Page 1 of 2https://timesofindia.indiatimes.com/city/ahmedabad/corporations-go-slow-on-city-parking-policies/articleshow/71668930.cms

Corporations go slow onAhmedabad parking policiesKapil Dave | TNN | Updated: Oct 20, 2019, 6:45 IST

GANDHINAGAR: Despite getting written direction from the stategovernment all municipal corporations in the state are dragging their feetover preparing city parking policies and action plans. Except Surat, noother municipal corporation in the state has any parking policy or actionplan.

The state road and transport department has directed all the municipalcorporations to prepare detailed written city parking policies to improvetraffic management in the cities. However, except Surat all othermunicipal corporations namely Ahmedabad, Vadodara, Rajkot, Junagadh,Bhavnagar, Gandhinagar, Jamnagar are going slow on the issue.

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21/10/19, 7:20 PMCorporations go slow on Ahmedabad parking policies | Ahmedabad News - Times of India

Page 2 of 2https://timesofindia.indiatimes.com/city/ahmedabad/corporations-go-slow-on-city-parking-policies/articleshow/71668930.cms

Sunaina Tomar, principal secretary, ports & tourism said, “The state roadsafety council and the state government as a part of the Supreme Court’sdirection have directed all the stakeholder agencies to take measures toimprove road safety of the people. Parking policy is a key element inensuring safe traffic management, so the council has directed allmunicipal corporations to have clear parking policy along with clearaction plan to implement the policy.” “In the next road safety council meeting a detailed review will be taken ofeach corporation about the parking policy,’’ Tomar added. The ‘Parking Policy’ for Surat Municipal Corporation (SMC) was approvedby the state government in December 2018. Even after a year has goneby, other municipal corporations have not submitted their parkingpolicies. In the Surat parking policy, the parking rates for roadside parking havebeen fixed according to the National Urban Transport Policy – 2006(NUTP). Parking rates for two-wheeler, three-wheelers, cars, light andheavy vehicles have been fixed according to their parking duration. Thecollected parking charges are being utilized for developing parking andtransport facilities.

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PARKING POLICY FOR SURAT CITY

SANCTIONED VIDE GOVERNMENT RESOLUTION NO. P.R.CH./ 10018/CM-419/P DATE. 05/12/2018

ANNEXURE -E 146

DRAFT PARKING POLICY FOR SURAT CITY

1. Introduction to Surat ................................

1.1 Motorization ................................

2 Parking in Surat ................................

2.1 Parking Supply ................................

2.2 Parking Demand ................................

3 Parking Enforcement ................................

4 Existing Literature ................................

4.1 Global Approaches ................................

4.2 Parking Economics ................................

4.3 Parking Standards ................................

4.4 Need for a Paradigm Shift

5 Existing Policies and Plans ................................

5.1 The National Urban Transport Policy

5.2 Comprehensive Mobility Plan

6 Need for Parking Policy ................................

7 Strategic Intent ................................

8 Guiding Principles................................

9 Parking Policy Directives ................................

9.1 Policy 1: Charging for parking

9.2 Policy 2: Enforcing Parking

9.3 Policy 3: Providing proof of parking

9.4 Policy 4: Sharing parking

9.5 Policy 5: Reducing parking minimums

9.6 Policy 6: Issuing parking permits

9.7 Policy 7: Regulating IPTS parking

9.8 Policy8: Managing freight

Parking Policy for Surat City

CONTENT DRAFT PARKING POLICY FOR SURAT CITY ................................................................................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

Need for a Paradigm Shift ...............................................................................................................................

................................................................................................................................

The National Urban Transport Policy ................................................................................................

Comprehensive Mobility Plan ................................................................................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

Policy 1: Charging for parking ................................................................................................

Policy 2: Enforcing Parking ................................................................................................

Policy 3: Providing proof of parking ................................................................................................

Policy 4: Sharing parking ................................................................................................................................

Policy 5: Reducing parking minimums ................................................................................................

Policy 6: Issuing parking permits ................................................................................................

Policy 7: Regulating IPTS parking ................................................................................................

Policy8: Managing freight ...............................................................................................................................

Parking Policy for Surat City 2

................................................. 1

.................................................... 5

........................................................... 5

.............................................................. 6

...................................................... 6

................................................... 7

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......................................................... 9

............................................... 9

............................................ 10

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........................................ 13

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................................ 21

...................................... 21

................................................ 22

............................................... 23

............................... 23

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9.9 Policy 9: Promoting Nonfacilities ................................................................

10 Parking Technologies-SMART PARKING

10.1 Advance Information on availability of Parking Lots

10.2 Parking Guidance and Information System

Annexure1 ................................................................

Annexure2 ................................................................


Policy 9: Promoting Non-Motorized Transport near Transit and Off-Street Parking ................................................................................................................................

SMART PARKING ................................................................................................

Advance Information on availability of Parking Lots ................................................................

Parking Guidance and Information System ................................................................

................................................................................................................................

................................................................................................................................


Street Parking ................................................. 24

........................................... 25

.......................................... 25

............................................................. 25

................................................ 27

................................................ 28

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Abbreviations BRTS - Bus Rapid Transit System CMP - Comprehensive Mobility PlanCMS - Changeable Message Signs DCR - Development Control RegulationsECS - Equivalent Car Space FSI - Floor Space Index GDP- Gross Domestic Product GPMC - Gujarat Provincial Municipal Corporation IPT - Intermediate Public TransportIRC - Indian Road Congress ITS - Intelligent Transport SystemsJnNURM - Jawaharlal Nehru National Urban Renewal MissionNUTP- National Urban Transport PolicyPGI - Parking Guidance and InformationPPP - Public Private Partnership RFID - Radio Frequency IdentificationSMC - Surat Municipal CorporationSUDA - Surat Urban Development AuthorityTDM - Travel Demand ManagementTEO - Traffic Enforcement OfficerUMTC - Urban Mass Transit CompanyVMS - Variable Message Signs


Comprehensive Mobility Plan

Development Control Regulations

Gujarat Provincial Municipal Corporation Intermediate Public Transport

Intelligent Transport Systems Nehru National Urban Renewal Mission

National Urban Transport Policy Parking Guidance and Information

Radio Frequency Identification

Surat Municipal Corporation Surat Urban Development Authority

Travel Demand Management Traffic Enforcement Officer

Urban Mass Transit Company


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1. INTRODUCTION TO SURAT

Surat is the second largest city of Gujarat and the ninth largest metropolitan area in India. It is ranked the third cleanest city in India and is also one of the top 10 contributors to the national GDP. The Surat Municipal Corporation (SMC) and Surat Urban Development Authority (SUDA) are responsible for its planned and systemsq.km.Surat is recognized as one of India’s fastest growing cities, with its population almost doubling between 2001 and 2010. As per the 2011 census, the city had a population of 44,62,826 with a density 13,680 persons per sq.km. Surat’s GDP growth rate has been the fastest in the country. Over the past seven years Surat has averaged a GDP growth rate of 11.5%. known for its diamond and textile industries. It houses 70% of India’s and 42% of the world’s total rough diamond cutting and polishing business. The diamond and textile industry put together provides employment to more than a million people.

1.1 MOTORIZATION

The number of registered vehicles in Surat has grown from 4 Urban Transport). Of this, 40% are 2vehicle growth rate in Surat was estimated as 34of high growth rate of private vehicles. However, in the public transportation system. BRTS was introduced in 2014 for 10 km route which has expanded to 65km. There are 60 buses carrying 35,000 passengers every day. A total network of 105 km is planned. When complete, this will be the second largest BRTS in Asia. The city bus service operates on 43 routes with 126 buses. It carries about 66,880 passehas finalized plan for introduction of 2000 city buses and 300 BRTS buses in the next three years (Smart City proposal). A metro too is being planned for the near future. It is expected that all these modes will have high quality intpositive impact on formulation of the parking policy.

A dominant Intermediate Public Transport (IPT) service in the form of auto rickshaws also provides commuters with point to point servlakh passengers per day (SLB Urban Transport).


SURAT

Surat is the second largest city of Gujarat and the ninth largest metropolitan area in India. It is ranked the third cleanest city in India and is also one of the top 10 contributors to the national GDP.

on (SMC) and Surat Urban Development Authority (SUDA) are planned and systematic development. The area under SMC is 326.515

Surat is recognized as one of India’s fastest growing cities, with its population almost 2001 and 2010. As per the 2011 census, the city had a population of 44,62,826

with a density 13,680 persons per sq.km. Surat’s GDP growth rate has been the fastest in the country. Over the past seven years Surat has averaged a GDP growth rate of 11.5%. known for its diamond and textile industries. It houses 70% of India’s and 42% of the world’s total rough diamond cutting and polishing business. The diamond and textile industry put together provides employment to more than a million people.

The number of registered vehicles in Surat has grown from 4 lakh in 1994 to 36 lakhOf this, 40% are 2-wheelers, while close to 18% are cars. In January 2015,

vehicle growth rate in Surat was estimated as 34.84%. With high per capita income, there is a trend of high growth rate of private vehicles. However, the last three years have seen a significant change in the public transportation system. BRTS was introduced in 2014 for 10 km route which has

to 65km. There are 60 buses carrying 35,000 passengers every day. A total network of 105 km is planned. When complete, this will be the second largest BRTS in Asia. The city bus service operates on 43 routes with 126 buses. It carries about 66,880 passengers every day. SMC has finalized plan for introduction of 2000 city buses and 300 BRTS buses in the next three years (Smart City proposal). A metro too is being planned for the near future. It is expected that all these modes will have high quality integration facilities. These public transport initiatives will have a positive impact on formulation of the parking policy.

A dominant Intermediate Public Transport (IPT) service in the form of auto rickshaws also provides commuters with point to point services. It has been estimated that the IPT caters to around 7.7

passengers per day (SLB Urban Transport).


Surat is the second largest city of Gujarat and the ninth largest metropolitan area in India. It is ranked the third cleanest city in India and is also one of the top 10 contributors to the national GDP.

on (SMC) and Surat Urban Development Authority (SUDA) are The area under SMC is 326.515

Surat is recognized as one of India’s fastest growing cities, with its population almost 2001 and 2010. As per the 2011 census, the city had a population of 44,62,826

with a density 13,680 persons per sq.km. Surat’s GDP growth rate has been the fastest in the country. Over the past seven years Surat has averaged a GDP growth rate of 11.5%. It is widely known for its diamond and textile industries. It houses 70% of India’s and 42% of the world’s total rough diamond cutting and polishing business. The diamond and textile industry put together

lakh in 2011 ((SLB wheelers, while close to 18% are cars. In January 2015,

.84%. With high per capita income, there is a trend last three years have seen a significant change

in the public transportation system. BRTS was introduced in 2014 for 10 km route which has to 65km. There are 60 buses carrying 35,000 passengers every day. A total network of

105 km is planned. When complete, this will be the second largest BRTS in Asia. The city bus ngers every day. SMC

has finalized plan for introduction of 2000 city buses and 300 BRTS buses in the next three years (Smart City proposal). A metro too is being planned for the near future. It is expected that all these

egration facilities. These public transport initiatives will have a

A dominant Intermediate Public Transport (IPT) service in the form of auto rickshaws also provides ices. It has been estimated that the IPT caters to around 7.7

150

2 PARKING IN SURAT

As part of the study, UMTC has conducted various parking surveys in Surat in September, 2016. This section looks at the present parking situation in Surat.

2.1 PARKING SUPPLY

Surat presently has 37 authorized parking sites. Of these, 1car park facilities and the remainingarea devoted to authorized parking is parking bays in Surat presently. Figure 1center account for almost half of the city’s parking supply.

FIGURE


As part of the study, UMTC has conducted various parking surveys in Surat in September, 2016. esent parking situation in Surat.

authorized parking sites. Of these, 15 are surface parking, 9 are multiremaining 13 are either below flyovers or on-street parking. The total

area devoted to authorized parking is 1,39,000sqm. It is estimated that there are Figure 1 shows parking supply in different parts of Surat.

center account for almost half of the city’s parking supply.

FIGURE 1ZONE WISE PARKING SUPPLY


As part of the study, UMTC has conducted various parking surveys in Surat in September, 2016.

are surface parking, 9 are multi-level street parking. The total

1,39,000sqm. It is estimated that there are 7775 authorized in different parts of Surat. The city

151

2.2 PARKING DEMAND

Parking linesup on most of the corridors, creating congestion, chaos and pollutionimpacts the mobility and livabilityalong the streets is a common site with clogged up unorganized parking at intersections and on footpaths. As per the survey, Central Surat (widesignated on-street parking facility for 56 12,160 vehicles. This leads to encroachment of access paths, traffic disruption and an unsafe walking environment.

While on street parking is fully occupied, the offparking areas (including below flyover) times of the day, these are unoccupied. It isparking. In terms of value, land worth

The parking surveys show that maximum parkingAbout 80% vehicles are parked for less than an hour. There are mostly two wheelers which are parked randomly along the road. In terms of percentage, 47% of the parked vehicles were two wheelers and 28% were cars followed by 23% three wheelers. Trucks and light commercial vehicles are also commonly observedhigh parking demand are commercial areas like Bombay Market, GhodDhod road, Ring road, Varacha road, Lambe Hanuman, Athwa gate, Bahumali, Chowk area, Rander road, AnanRoad etc. School, hospitals, temples, stadium and other areas experience high parking demand at particular time period.Most of this parking is free or nominally charged. can be concluded that irregularity and accumulationnominal parking fees.

The existing parking charges in Surat vary based on vehicle type and duration of parking.It is interesting to note that bicycle parking is also charged. However, the rates for cars are not exceptionally high. The table below shows indicative pricing of parking.

TABLE 1: PARKING RATES IN SURAT, 2016

Vehicle Type Cycle

Two-wheeler Auto rickshaw

Car Heavy vehicles

Source: SMC, 2016

These issues of parking management have caused The ever-increasing traffic congestion and resultant air pollution, road accidents due to ignorance and inconvenience caused to commuters, and constant noise pollution has made the city’s environment stressful.


Parking linesup on most of the corridors, creating congestion, chaos and pollutionimpacts the mobility and livability in the city and saturates the central area. Double lined parking along the streets is a common site with clogged up unorganized parking at intersections and on

As per the survey, Central Surat (with the exception of ring road and railway station) has street parking facility for 56 vehicles whereas the parking demand reaches to about

vehicles. This leads to encroachment of access paths, traffic disruption and an unsafe

While on street parking is fully occupied, the off-street parking is underused. There are 16(including below flyover) accommodating around 3014 vehicles. However, at most

unoccupied. It is estimated that about 47.5% of the road space is lost to parking. In terms of value, land worth Rs.14.39 Crore is used in parking.

The parking surveys show that maximum parking demand in the central area is for a short stay. d for less than an hour. There are mostly two wheelers which are

parked randomly along the road. In terms of percentage, 47% of the parked vehicles were two wheelers and 28% were cars followed by 23% three wheelers. Trucks and light commercial

commonly observed for freight and goods supply. The worst impacted areas due to high parking demand are commercial areas like Bombay Market, GhodDhod road, Ring road, Varacha road, Lambe Hanuman, Athwa gate, Bahumali, Chowk area, Rander road, AnanRoad etc. School, hospitals, temples, stadium and other areas experience high parking demand at

Most of this parking is free or nominally charged. Observing the scenario, it can be concluded that irregularity and accumulation of parking is result of completely free or

The existing parking charges in Surat vary based on vehicle type and duration of parking.It is interesting to note that bicycle parking is also charged. However, the rates for twocars are not exceptionally high. The table below shows indicative pricing of parking.

URAT, 2016

Hourly Parking Charge (INR)1 - 5

5 - 10 10 - 20 10 - 70

50 - 150

issues of parking management have caused a huge impact on the city’s quality of lifestyle. increasing traffic congestion and resultant air pollution, road accidents due to ignorance

onvenience caused to commuters, and constant noise pollution has made the city’s


Parking linesup on most of the corridors, creating congestion, chaos and pollution. This negatively and saturates the central area. Double lined parking

along the streets is a common site with clogged up unorganized parking at intersections and on th the exception of ring road and railway station) has

vehicles whereas the parking demand reaches to about vehicles. This leads to encroachment of access paths, traffic disruption and an unsafe

rking is underused. There are 16 off-street vehicles. However, at most of the road space is lost to

in the central area is for a short stay. d for less than an hour. There are mostly two wheelers which are

parked randomly along the road. In terms of percentage, 47% of the parked vehicles were two wheelers and 28% were cars followed by 23% three wheelers. Trucks and light commercial

for freight and goods supply. The worst impacted areas due to high parking demand are commercial areas like Bombay Market, GhodDhod road, Ring road, Varacha road, Lambe Hanuman, Athwa gate, Bahumali, Chowk area, Rander road, Anand Mahal Road etc. School, hospitals, temples, stadium and other areas experience high parking demand at

Observing the scenario, it of parking is result of completely free or

The existing parking charges in Surat vary based on vehicle type and duration of parking.It is two-wheelers and

cars are not exceptionally high. The table below shows indicative pricing of parking.

Hourly Parking Charge (INR)

on the city’s quality of lifestyle. increasing traffic congestion and resultant air pollution, road accidents due to ignorance

onvenience caused to commuters, and constant noise pollution has made the city’s

152

3 PARKING ENFORCEMENT

As per the legal provisions specified in the has limited power over parking management and enforcement

The Gujarat Provincial Municipal Corporation (GMPC) Act of 1949 establishes providing and maintaining parking facilities is the local government’s responsibility. However, parking enforcement is done by the Traffic Police. They fine and/ or tow away illegally parked vehicles. Often, they cannot enforce due to lack of adequate traffic policemen or lack of equipment to tow away vehicles. In most cases, traffic police are stationed at major intersectiothe roads/ streets. This leads to situations where parking violations occur frequently, leading to traffic congestion, safety issues for all users and a general sense of chaos and disorder on streets. Contrastingly, it has been found thatraffic police department to enforce parking policy for efficient management. Thus it is recommended that for parking management efficiency, enforcement responsibilities should be shared with the MC.


PARKING ENFORCEMENT

As per the legal provisions specified in the GPMC Act, 1949, SMC owns the public street. However, it arking management and enforcement.

The Gujarat Provincial Municipal Corporation (GMPC) Act of 1949 establishes providing and maintaining parking facilities is the local government’s responsibility. However,

by the Traffic Police. They fine and/ or tow away illegally parked vehicles. Often, they cannot enforce due to lack of adequate traffic policemen or lack of equipment to tow away vehicles. In most cases, traffic police are stationed at major intersectiothe roads/ streets. This leads to situations where parking violations occur frequently, leading to traffic congestion, safety issues for all users and a general sense of chaos and disorder on streets. Contrastingly, it has been found that local bodies’ across the globe partners with their respective traffic police department to enforce parking policy for efficient management. Thus it is recommended that for parking management efficiency, enforcement responsibilities should be


, SMC owns the public street. However, it

The Gujarat Provincial Municipal Corporation (GMPC) Act of 1949 establishes Section 458 that providing and maintaining parking facilities is the local government’s responsibility. However,

by the Traffic Police. They fine and/ or tow away illegally parked vehicles. Often, they cannot enforce due to lack of adequate traffic policemen or lack of equipment to tow away vehicles. In most cases, traffic police are stationed at major intersections and not along the roads/ streets. This leads to situations where parking violations occur frequently, leading to traffic congestion, safety issues for all users and a general sense of chaos and disorder on streets.

t local bodies’ across the globe partners with their respective traffic police department to enforce parking policy for efficient management. Thus it is recommended that for parking management efficiency, enforcement responsibilities should be

153

4 EXISTING LITERATURE

4.1 GLOBAL APPROACHES

There has been extensive research in the area of parking policy and management around the world. Within the multiple debates, Paul Barterattempted to manage parking as seen in figure 2

1. The conventional approach. The salient features are:a. Parking policy should aim to b. Parking is infrastructure that needs to be provided by government

conveniently located

Within this approach, some cities go for a pure must fulfil demand, while others go for a variation where demand is estimated after considering land use and activities, public transdemand based.

2. The management approach. The salient features are:a. Parking policy is considered

demand management b. Programs are created

There are two variations to this approach. The approach may be towards multiple objectives of increasing efficiency; urban regeneration, mobility and conflict reduction or the approach may be towards a single objective of constraining parking demand.

3. The market approach. The salient features are:a. Parking is considered equivalent to other market commoditiesb. Spillover is not considered to be negative; it is an indicator of price sensitivityc. Pricing will achieve equilibrium between demand and supply

Too high a price, more spaces would remain vacant Too low a price, queuing and cruising would happen

The third approach is advocated strongly by Donald Shoupbeen advocated in the 1960s by G J Roth in

1Dr Paul Barter, a leading researcher on parking and public policy is Public Policy at the National University of Singapore..2 Donald Curran Shoup is regarded as an expert in the economics of parking. He is Distinguished Research Professor in the Department of Urban Planning at UCL


EXISTING LITERATURE

APPROACHES

There has been extensive research in the area of parking policy and management around the world. , Paul Barter1, has identified three clear approaches to how cities have

as seen in figure 2. These approaches are:

. The salient features are: Parking policy should aim to provide supply to meet demand Parking is infrastructure that needs to be provided by government – plentiful, fr

Within this approach, some cities go for a pure demand and supply based approach, where supply must fulfil demand, while others go for a variation where demand is estimated after considering land use and activities, public transit and economic characteristics. However, both variations are

. The salient features are: is considered a tool to manage larger issues of transport policy and

that aim to make more efficient use of available parking space

There are two variations to this approach. The approach may be towards multiple objectives of urban regeneration, mobility and conflict reduction or the approach may be

s a single objective of constraining parking demand.

. The salient features are: Parking is considered equivalent to other market commodities Spillover is not considered to be negative; it is an indicator of price sensitivity

will achieve equilibrium between demand and supply Too high a price, more spaces would remain vacant Too low a price, queuing and cruising would happen

The third approach is advocated strongly by Donald Shoup2, a leading researcher by G J Roth in England.

Dr Paul Barter, a leading researcher on parking and public policy is an Adjunct Professor in the LKY School of Public Policy at the National University of Singapore..

Donald Curran Shoup is regarded as an expert in the economics of parking. He is Distinguished Research Professor in the Department of Urban Planning at UCLA.


There has been extensive research in the area of parking policy and management around the world. identified three clear approaches to how cities have

plentiful, free and

based approach, where supply must fulfil demand, while others go for a variation where demand is estimated after considering

it and economic characteristics. However, both variations are

a tool to manage larger issues of transport policy and

aim to make more efficient use of available parking space

There are two variations to this approach. The approach may be towards multiple objectives of urban regeneration, mobility and conflict reduction or the approach may be

Spillover is not considered to be negative; it is an indicator of price sensitivity

, a leading researcher inUSA. It has also

an Adjunct Professor in the LKY School of

Donald Curran Shoup is regarded as an expert in the economics of parking. He is Distinguished Research

154

FIGURE 2:GLOBAL APPROACHES TO

Source: Parking Policy in Asian Cities, Paul Barter(2011)

The conventional response to high demand for parking is to provide additional parkingaccommodate increasing private car use. Abundant parking supply, especially at travel destinations, promotes increasing private car use which results in the need for more parking. This is referred to as the cycle of private car dependency. Proactive usstrategies can break the cycle of private car dependency and assist with establishing more sustainable travel patterns e.g. use of public transport (bus and rail services).

With an established set of minimum parking requmore multistoried parking lots, Surat seems to be following the conventional approach. However, with strong initiatives in public transport and a general willingness to consider parking pricing, Surat can also be said to be moving towards the management and market based approach. diverging approaches lead to confusion on the long term parking vision and management strategies.

4.2 PARKING ECONOMICS

Many researchers believe that parking has an economic value attached to it and thus shall be treated as a commodity for which the user must pay. Land in the current rush of urbanization limited resource for which there is unlimited demand. In such cascommodity be allocated? Should it be tallotted to the highest bidder?Undoubtedly,

The next issue is the availability of parkingnominally charged while it occupieslimited means and choices, and people demanding parking economic motives do not justify subsidies in parking. As soon as parking becomes ‘free’ it loses its value. Spaces fill up rapidly and queues are formed causing spill over. leading to increase in vehicle km tra

Such inequality presents a pressieconomic asset rather than as a solution to infrastructure issue.

Conventional Approach

• Provide supply to satisfy demand

• Infrastructure driven


PARKING

Parking Policy in Asian Cities, Paul Barter(2011)

The conventional response to high demand for parking is to provide additional parkingaccommodate increasing private car use. Abundant parking supply, especially at travel destinations, promotes increasing private car use which results in the need for more parking. This is referred to as the cycle of private car dependency. Proactive use of Travel Demand Management (Tstrategies can break the cycle of private car dependency and assist with establishing more sustainable travel patterns e.g. use of public transport (bus and rail services).

With an established set of minimum parking requirements in the DCRs and an eagerness to build parking lots, Surat seems to be following the conventional approach. However,

with strong initiatives in public transport and a general willingness to consider parking pricing, be said to be moving towards the management and market based approach.

diverging approaches lead to confusion on the long term parking vision and management

ECONOMICS

Many researchers believe that parking has an economic value attached to it and thus shall be treated as a commodity for which the user must pay. Land in the current rush of urbanization

for which there is unlimited demand. In such cases, to whom should such a Should it be to them who have greatest demand or should it

?Undoubtedly, there is need for prioritization of scarce road space.

availability of parking at low rates. As observed, parking is either cheap or occupies a valuable asset of the city. Subsidy is for users who have the

limited means and choices, and people demanding parking do not fall in this categoryeconomic motives do not justify subsidies in parking. As soon as parking becomes ‘free’ it loses its value. Spaces fill up rapidly and queues are formed causing spill over. People cruise for parking leading to increase in vehicle km travelled leading to congestion and pollution.

Such inequality presents a pressing need for decision makers to look at parking as a valuable economic asset rather than as a solution to infrastructure issue.

Management Approach

• Efficient use of parking space

• Constraining parking demand

Market Approach

• Parking as a commodity

• Parking pricing to achieve equilibrium in demand-supply


The conventional response to high demand for parking is to provide additional parking to accommodate increasing private car use. Abundant parking supply, especially at travel destinations, promotes increasing private car use which results in the need for more parking. This is referred to

ravel Demand Management (TDM) strategies can break the cycle of private car dependency and assist with establishing more

irements in the DCRs and an eagerness to build parking lots, Surat seems to be following the conventional approach. However,

with strong initiatives in public transport and a general willingness to consider parking pricing, be said to be moving towards the management and market based approach. These

diverging approaches lead to confusion on the long term parking vision and management

Many researchers believe that parking has an economic value attached to it and thus shall be treated as a commodity for which the user must pay. Land in the current rush of urbanization is a

es, to whom should such a scarce r should it only be

scarce road space.

. As observed, parking is either cheap or for users who have the

tegory. Social and economic motives do not justify subsidies in parking. As soon as parking becomes ‘free’ it loses its

People cruise for parking

ng need for decision makers to look at parking as a valuable

Market Approach

Parking pricing to achieve equilibrium in

supply

155

4.3 PARKING STANDARDS

Cities set parking requirements which specify minimum amount of parking that has to be providedcommonly known as parking minimums.laws of the urban area. The amount of parkingfor a given region. Thus, by-lawsspecify the parking requirements for apartments, offices, theatres, schools, hospitals and so on. The requirements can beSpace (ECS) per unit area or in ECS for number of stuauditorium. Different cities use different measures to mandate requirements. compares the trends in ECS for commercial car parking in different Indian and foreign cities. The figures are in ECS/ 100 sq. m.

FIGURE 3: COMMERCIAL ECS IN INDIAN CITIES AND OT

Source: Parking Strategies: Evolution and Strategies for Future

As the trend depicts, most Indian cities including Surat required - they have increased the parking minimums over the years. to cities around the world, which Konghave considerably reduced the aParking minimumsprovided in building developers under pressure to underutilizebased solely on land use and do not take into account factorland or the potential for parking sharingand

0.7 1

1.4

2 2

5

Commercial ECS before 2012


STANDARDS

which specify minimum amount of parking that has to be providedparking minimums.These parking minimums are mandated under building by

urban area. The amount of parking varies in relation to the land use and activityspecify the parking requirements for apartments, offices, theatres,

schools, hospitals and so on. The requirements can be either specified in terms of Equivalent Car Space (ECS) per unit area or in ECS for number of students in a school or number of seats in an auditorium. Different cities use different measures to mandate requirements. compares the trends in ECS for commercial car parking in different Indian and foreign cities. The

INDIAN CITIES AND OTHER CITIES

Parking Strategies: Evolution and Strategies for Future, Lokre, Abhijit (2013)

most Indian cities including Surat hastendency to provide morehave increased the parking minimums over the years. This approach is in contrast

are reducing minimum parking requirement. Singapore and Hong have considerably reduced the already low parking requirement to prevent congestion.

building by-lawslead to increase in parking supplyunderutilize an economically valuable asset.These standards are

nd use and do not take into account factors such as proximity to transitpotential for parking sharingand the role for the private sector.

1.5

1.15

0.7

0.42 0.5

5

1.5

2 2

0.2

Commercial ECS before 2012 Commercial ECS as per 2012


which specify minimum amount of parking that has to be provided, arking minimums are mandated under building by-

to the land use and activity present specify the parking requirements for apartments, offices, theatres,

specified in terms of Equivalent Car or number of seats in an

auditorium. Different cities use different measures to mandate requirements. The figure below compares the trends in ECS for commercial car parking in different Indian and foreign cities. The

to provide more parking than This approach is in contrast

Singapore and Hong lready low parking requirement to prevent congestion.

parking supply. This puts These standards are

s such as proximity to transit, cost of

0.5

0.4

156

4.4 NEED FOR A PARADIGM

Globally, parking stories are depicting parking issues.The table below shows comparison between

TABLE 2: THE OLD AND NEW PARADIGM OF PARKING

Old Paradigm

Parking problem means inadequate parking supply

Abundant parking supply is always desirableParking requirements should be applied rigidly, without exception or variationParking management is a last resort, to be applied only if increasing supply is infIt is the government’s responsibility to provide parking; it is a social infrastructure Subsidies in parking are inevitable; government should assist private operators through gap funding and tax incentivesMore off-street parking provision is key to solve spillover problems. Parking charges do not matter

Source: Parking Strategies: Evolution and Strategies

The new paradigm is based on the management and marked based approachaway from the conventional demand based


PARADIGM SHIFT

are depicting the need of aparadigm shift in how cities should manage below shows comparison between the old and new paradigms.

RADIGM OF PARKING

New Paradigm

Parking problem means inadequate parking There can be many types of parking problems, including inadequate or excessive supply, too low or high prices, user information, and inefficient management

Abundant parking supply is always desirable Too much supply is as harmful as too little rking requirements should be applied

rigidly, without exception or variation Parking requirements should reflect each particular situation, and should be applied flexibly

Parking management is a last resort, to be applied only if increasing supply is infeasible

Parking management programs should be parking problems

It is the government’s responsibility to provide

The market should respond to the demand. should stay out of the business of providing parking

Subsidies in parking are inevitable; government should assist private operators through gap funding and tax incentives

Subsidies in parking are similar to the poor subsidizing the rich and should not be allowed

street parking provision is key to spillover problems. Parking charges do

Off-street parking without charges does not work. Multistoried parking lots lie unused

Parking Strategies: Evolution and Strategies for Future, Lokre, Abhijit (2013)

The new paradigm is based on the management and marked based approach. It advocates moving demand based approach.


shift in how cities should manage the old and new paradigms.

There can be many types of parking problems, including inadequate or excessive supply, too low or high prices, user information, and inefficient management Too much supply is as harmful as too little Parking requirements should reflect each particular situation, and should be applied flexibly Parking management programs should be used to prevent

The market should respond to the demand. Government should stay out of the business of providing parking

to the poor subsidizing the

street parking without charges does not work. Multi-

advocates moving

157

5 EXISTING POLICIES AN

5.1 THE NATIONAL URBAN T

The National Urban Transport Policymanagement tool. It says that parking price should truly represent the value of land occupied and should be used as a tool to make public transport more attractive. The policypreference in allocation of parking spaces to public transit vehicles and nonand a graded scale of parking fee. land.”

It asks cities to amend their by-l‘multi-level parking complexes should be made mandatory in city complexes’. The NUTP also states that such parking complexes would be given priority for under the JnNURM funding scheme. Unfortunately, cities have looked at this as a source of funding infrastructure projects without relating it in with the larger objectives of urban transport and parking policy.

The table below shows that the NUTfor parking. It talks of increasing parking infrastructure as well as moving towards paid parking for reducing private vehicle usage.

TABLE 3: NUTP APPROACH TO PARKING

Policies/ Plan

Approach

a. Conventional

NUTP

State governments

should amend

building by-laws in all

million plus cities so

that adequate parking

space is available for

users of such

buildings

Multi-level parking

complexes should be a

mandatory

requirement in city

centers

Minimize the impact

of on-street parking

and encourage off

street


EXISTING POLICIES AND PLANS

THE NATIONAL URBAN TRANSPORT POLICY

rban Transport Policy(NUTP) of 2006 states that parking can be used as a demand management tool. It says that parking price should truly represent the value of land occupied and should be used as a tool to make public transport more attractive. The policy recommends giving preference in allocation of parking spaces to public transit vehicles and non-motorizedand a graded scale of parking fee. It says that “The price should be fixed based on the value of

laws to ensure that 'parking is available to all residents’ and that level parking complexes should be made mandatory in city centers with high rise commercial

complexes’. The NUTP also states that such parking complexes would be given priority for under the JnNURM funding scheme. Unfortunately, cities have looked at this as a source of funding infrastructure projects without relating it in with the larger objectives of urban transport and

The table below shows that the NUTP policy has a few contradictions for providingfor parking. It talks of increasing parking infrastructure as well as moving towards paid parking for

PARKING

Conventional b. Management c.

State governments

should amend

laws in all

million plus cities so

that adequate parking

space is available for

users of such

level parking

complexes should be a

requirement in city

Minimize the impact

street parking

and encourage off-

Provide park and ride

facilities for bicycle users

with convenient interchange

Improve safety for

pedestrians by reducing

illegal parking

Utilize parking controls to

regulate car usage

Optimize existing parking

capacity, before creating new

parking facilities

Develop public-private

partnerships (PPP) for the

operation of either on-street

or (more often) off-street

parking facilities

Levy of a high parking fee that truly represents the value of the land occupied

Introduce paid

parking as a method

to dissuade car use

and/or raise

revenue Utilize fees and fines

from parking to invest in the building of car parks and timprove public transport


states that parking can be used as a demand management tool. It says that parking price should truly represent the value of land occupied and

recommends giving motorized transport

The price should be fixed based on the value of

aws to ensure that 'parking is available to all residents’ and that with high rise commercial

complexes’. The NUTP also states that such parking complexes would be given priority for funding under the JnNURM funding scheme. Unfortunately, cities have looked at this as a source of funding infrastructure projects without relating it in with the larger objectives of urban transport and

for providing a clear direction for parking. It talks of increasing parking infrastructure as well as moving towards paid parking for

Market

Levy of a high parking fee that truly represents the value of the land occupied

Introduce paid

parking as a method

to dissuade car use

and/or raise

revenue Utilize fees and fines from parking to invest in the building of car parks and to improve public transport

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5.2 COMPREHENSIVE MOBILITY PLAN

Surat is currently preparing a new prepared in 2008 and was the first CMP to be prepared in India. parking policy and a demand management system wobjectives. A small section on a draft parking policy suggests a sustainable parking management system for Surat. Some of the actions it suggest are:

Elimination of parking on all arterial roads On-street parking restrictions on local streets Separate short-stay parking facilities may be required for business users, entertainment and

tourist visitors, office visitors, visitors to residential unit’s etc. Protection from long-stay parker

appropriate pricing structures. Prevent/discourage parking of vehicles by owners and employees of establishments in short

stay parking lots for long-stay purposes Discourage overnight parking o

container lorries and mandate provision of areas for HMV’s and creation of transport hubs/ truck terminals

All parking lots- on-street or offUrban Mass Transit Authority

Parking pricing should be judiciously devised to manage the parking problem on the demand side and seen in the context of encouraging use of public transport

TABLE 4: CMP APPROACH TO PARKING

Policies/ Plan

Approach

b. Management

CMP

Control the amount of on

interference with access and servicing

Prevent overnight parking of heavy vehicles on the major roads

Develop short-stay and long

Design suitable system for effective management of parking facilities, supported by

sustainable parking standards.

The 2008 CMP recognized the need to limit parmanagement based approach for parkingand also favored complete ‘no parkingsuggestions from the CMP to formulate Surat’s Parking Policy.


MOBILITY PLAN

preparing a new Comprehensive Mobility Plan (CMP). The last CMP was prepared in 2008 and was the first CMP to be prepared in India. In the 2008 plan,

policy and a demand management system were identified as key strategies to realize objectives. A small section on a draft parking policy suggests a sustainable parking management system for Surat. Some of the actions it suggest are:

on all arterial roads street parking restrictions on local streets

stay parking facilities may be required for business users, entertainment and tourist visitors, office visitors, visitors to residential unit’s etc.

stay parkers should be by means of time restrictions and/or by appropriate pricing structures. Prevent/discourage parking of vehicles by owners and employees of establishments in short

stay purposes Discourage overnight parking of buses, trucks, omni buses, tourist buses, vans, water tankers, container lorries and mandate provision of areas for HMV’s and creation of transport hubs/

street or off-street should be licensed by the competent uthority)

Parking pricing should be judiciously devised to manage the parking problem on the demand side and seen in the context of encouraging use of public transport

KING

Management

Control the amount of on-street parking to improve traffic flow and safety, and

interference with access and servicing

Prevent overnight parking of heavy vehicles on the major roads

stay and long-stay parking sites for all type of vehicles operated in the city


sustainable parking standards.

the need to limit parking and start charging for parking. management based approach for parking. It favored short term parking over long term parking

no parking’ on arterial roads. This document takes these crucial the CMP to formulate Surat’s Parking Policy.


. The last CMP was In the 2008 plan, preparation of a

identified as key strategies to realize objectives. A small section on a draft parking policy suggests a sustainable parking management

stay parking facilities may be required for business users, entertainment and

should be by means of time restrictions and/or by

Prevent/discourage parking of vehicles by owners and employees of establishments in short-

f buses, trucks, omni buses, tourist buses, vans, water tankers, container lorries and mandate provision of areas for HMV’s and creation of transport hubs/

street should be licensed by the competent authority (SMC/

Parking pricing should be judiciously devised to manage the parking problem on the demand

street parking to improve traffic flow and safety, and minimize

stay parking sites for all type of vehicles operated in the city


king and start charging for parking. It focuses on a short term parking over long term parking

on arterial roads. This document takes these crucial

159

6 NEED FOR PARKING POL

Private vehicles require enormous terminal capacity. They stay parked for long periods. A private vehicle, typically, stays parked for 20spend more time in transit than parking. A car parked on street consumes 15 parked off street requires 23 sqminimum sizes of dwelling units specified in Development Control Regulations (DCR) of most cities – 18-25 sq.m. If we consider that each car requires three parking spaces per day, the total area required by a car each day is between 45 to 70 and more parking is not a sustainable

The absence of a comprehensive parking policy in Suratparking issues by multiple stakeholders. projects that are contradictory in nature and often end being infrastructure projects that require high investment and attempt to solve a that has a holistic vision, with strategic objectives and is in sync with Surat’s overall transport policy and objectives, as well as the statutory Development Plan.


NEED FOR PARKING POLICY

Private vehicles require enormous terminal capacity. They stay parked for long periods. A private vehicle, typically, stays parked for 20-22 hours in a day (80-92% of time). Other mospend more time in transit than parking. A car parked on street consumes 15 sq

sq.m. These figures are startling when seen in the context of minimum sizes of dwelling units specified in Development Control Regulations (DCR) of most cities

m. If we consider that each car requires three parking spaces per day, the total area etween 45 to 70 sq.m.Certainly, it proves thatproviding for more

a sustainable solution.

parking policy in Surat, has resulted in independent dealing of the parking issues by multiple stakeholders. This lack of a coherent approach has led to plans and projects that are contradictory in nature and often end being infrastructure projects that require high investment and attempt to solve a short-term parking problem. Surat needs

vision, with strategic objectives and is in sync with Surat’s overall transport policy and objectives, as well as the statutory Development Plan.


Private vehicles require enormous terminal capacity. They stay parked for long periods. A private 92% of time). Other modes of transport

sq.m., while a car when seen in the context of

minimum sizes of dwelling units specified in Development Control Regulations (DCR) of most cities m. If we consider that each car requires three parking spaces per day, the total area

providing for more

, has resulted in independent dealing of the is lack of a coherent approach has led to plans and

projects that are contradictory in nature and often end being infrastructure projects that require needs aparking policy

vision, with strategic objectives and is in sync with Surat’s overall transport

160

7 STRATEGIC INTENT

The strategic intent of any policy is critical, since it lays down the ground rube taken by the city. The strategic intent

1. To manage demand through pricing and other means2. To reduce private vehicle usage and

strategies. 3. To support public transport use

This document sets out the broad principles for Surat’s parking policy, the specific areas and conditions in which the policy would operateimplementation framework. The formulation of the pofprogrammes and specific planskeystakeholders and review of international/national practice


STRATEGIC INTENT

is critical, since it lays down the ground rules for further actions to The strategic intents of Surat’s ParkingPolicy are:

To manage demand through pricing and other means. vehicle usage and dependency through “Travel Demand Management (TDM)

support public transport use wherever possible.

This document sets out the broad principles for Surat’s parking policy, the specific areas and conditions in which the policy would operate, the strategies for parking management and the

ework. The formulation of the policy will be the starting point for the making and specific plans. The Policy has been devised based on discussions held with the

keystakeholders and review of international/national practices.


les for further actions to

Travel Demand Management (TDM)”

This document sets out the broad principles for Surat’s parking policy, the specific areas and the strategies for parking management and the

olicy will be the starting point for the making olicy has been devised based on discussions held with the

161

8 GUIDING PRINCIPLES

The overarching principle for parking in Surat is “parking and facilitate organized parking for all types of vehicles

Surat shall actively pursue a policy of demand management rather than capacity augmentation to manage its parking requirements.

Surat shall promote high quality


IPLES

The overarching principle for parking in Surat is “to progressively reduce the demand for parking and facilitate organized parking for all types of vehicles”.

Surat shall actively pursue a policy of demand management rather than capacity n to manage its parking requirements.

high quality public and non-motorized transport.


to progressively reduce the demand for

Surat shall actively pursue a policy of demand management rather than capacity

162

9 PARKING POLICY DIREC

The parking policy is articulated through address on-street parking, off-street parking, loading bays, bus bays, parking permits, reserved parking, motorcycle and bicycle parking. The policies have been derived from the issues that were highlighted earlier and support the

9.1 POLICY 1: CHARGING F

Parking pricing and time limits are important parking management mechanisms to enhance turnover of parking bays and ensure access to limited onareas.

This policy directive states that adifferentiated based on demand. The entire area under SMC shall have similar parking charges, except certain areas designated as ‘is highest in areas with high land value or rentalsrent (Barter, On Street Parking Management

BOX 1: IMPACT OF PARKING FEES

In one of the studies carried out by Todd of travel demand management. People are found to be more sensitive to this mainly because it is a direct one has to pay. Compared with other outeffect. (Litman, 2013)

There are many areas in Surat which have activity pattern.Such areas will be will be applicable here. The list of recommendations of the Standing Committee and Municipal Commissioner.and streets recommended in this policy

Textile Market Area Ring Road Railway Station Surat Dumas Road Raj Marg Varachha Road upto Mini Bazaar GhodDod Road Surat Bardoli Road upto APMC KotSafil Road Adajan road Lambe Hanuman Road Singanpore Road Majura Gate Road Udhna- Navsari Road


PARKING POLICY DIRECTIVES

The parking policy is articulated through Policy Directives. They provide policies and actions to street parking, loading bays, bus bays, parking permits, reserved

motorcycle and bicycle parking. The policies have been derived from the issues that were highlighted earlier and support the guiding principles.

POLICY 1: CHARGING FOR PARKING

Parking pricing and time limits are important parking management mechanisms to enhance turnover of parking bays and ensure access to limited on-street parking in high parking demand

directive states that all parking in Surat shall be charged. In Surat, pbased on demand. The entire area under SMC shall have similar parking charges,

except certain areas designated as ‘premium areas’It is based on the premise that parking demand is highest in areas with high land value or rentals and parking prices must pay its share of land

(Barter, On Street Parking Management - An International Toolkit).

Todd Litman, financial charges were found to be the most effective way of travel demand management. People are found to be more sensitive to this mainly because it is a direct one has to pay. Compared with other out-of-pocket expenses, parking fees are found to have the greatest

There are many areas in Surat which have very high parking demand due to thewill be classified as premium areas or streets. A higher parking charge

The list of premium areas and streets shall be updated regularly based onrecommendations of the Standing Committee and Municipal Commissioner. The

in this policy are:

Varachha Road upto Mini Bazaar

Bardoli Road upto APMC


policies and actions to street parking, loading bays, bus bays, parking permits, reserved

motorcycle and bicycle parking. The policies have been derived from the issues that were

Parking pricing and time limits are important parking management mechanisms to enhance street parking in high parking demand

In Surat, pricing shall be based on demand. The entire area under SMC shall have similar parking charges,

that parking demand ices must pay its share of land

man, financial charges were found to be the most effective way of travel demand management. People are found to be more sensitive to this mainly because it is a direct fee

pocket expenses, parking fees are found to have the greatest

to their land use and . A higher parking charge

be updated regularly based on The premium areas

163

It is recommended to have time based parking charge for all categories of vehicles. The areas will have a higher hourly increment as compared to the 12m shall not be permitted to have parking. A 12 m road shall have parallel parking on one side of the road only. The side shall be finalized basedand Fridays, parking shall be permitted on one side of the road. On rest of the days, it shall be permitted on the other side). Any road more than 12 m shall have parking as and when decided by municipal commissioner and would be implemented accordingly.

There will be differential pricing based on vehicle size and duration of parking. capped modified vehicles shall not be charged for parking. A base rate shall be finalized for 2 wheelers, auto rickshaws (passenger and commercial), LCVs and HCVS. be directly related to the on-street space occupied by the vehicles and the demand. charge for all vehicles shall be for

The off street parking shall be less expensive than on street parking. The rates for off street parking shall increase at a reduced rate parking shall be less expensive than on street parking. parking for short and extended hours

Parking revenue shall not be considered as a source of revenue and pshall be used for local road improvement schemes within the area in consultation with local stakeholders. The traffic cell in SMC shall manage the revenue generated from parking. charges shall be subject to revision once e

BOX 2: PARKING REVENUE AND PUBLIC SPACE IMPRO

Use of parking revenue for public space improvement

Mexico city’s EcoParq pricing initiative allocates 30% of the revenue to public space improvements chosen by the community through the Public Space Authority. For example, of the estimated USD 492,000 monthly meter income for Colonia Condesa, USD 150,000 improving local parks, rejuvenating the lighting, and so on

Source: Rios Flores et al, Practical Guidebook, p88; GIZ guidebook

9.2 POLICY 2: ENFORCING

Unregulated and illegal parking are rampant in Surat. Provision and maintenance of streets, among other public infrastructure is under the purview of the SMC.

Surat’s parking policy shall enable SMC to enforce

Legal provisions for empowering SMC to enforce parking management in the city framing new rules and regulations under subMunicipal Corporation (GMPC) Act of 1949.

The Municipal Commissioner shall form a “Traffic Cell” within SMC. It shall be headed by Director (Traffic) of the rank of Executive Engineer or above. A team of Traffic Enforcement Officers (TEOs)


time based parking charge for all categories of vehicles. The areas will have a higher hourly increment as compared to the normal areas. Any road less than 12m shall not be permitted to have parking. A 12 m road shall have parallel parking on one side of the road only. The side shall be finalized based on day of the week. (i.e, on Mondays, Wednesdays and Fridays, parking shall be permitted on one side of the road. On rest of the days, it shall be

. Any road more than 12 m shall have parking as and when decided by and would be implemented accordingly.

There will be differential pricing based on vehicle size and duration of parking. Bicyclesshall not be charged for parking. A base rate shall be finalized for 2

wheelers, auto rickshaws (passenger and commercial), LCVs and HCVS. The parking charges shall street space occupied by the vehicles and the demand.

charge for all vehicles shall be for 3 hours.

The off street parking shall be less expensive than on street parking. The rates for off street parking shall increase at a reduced rate compared to on street parking. For the first 3 hours, off streparking shall be less expensive than on street parking. This shall encourage people to use off street

extended hours and reduce dependency on on-street parking.

not be considered as a source of revenue and profit making. road improvement schemes within the area in consultation with local

The traffic cell in SMC shall manage the revenue generated from parking. revision once every three years.

D PUBLIC SPACE IMPROVEMENT

Use of parking revenue for public space improvement

Mexico city’s EcoParq pricing initiative allocates 30% of the revenue to public space improvements chosen by the community through the Public Space Authority. For example, of the estimated USD 492,000 monthly meter income for Colonia Condesa, USD 150,000 is allocated for providing quality accessible sidewalks, improving local parks, rejuvenating the lighting, and so on.

Source: Rios Flores et al, Practical Guidebook, p88; GIZ guidebook

POLICY 2: ENFORCING PARKING

Unregulated and illegal parking are rampant in Surat. Provision and maintenance of streets, among other public infrastructure is under the purview of the SMC.

enable SMC to enforce parking through following mechanisms

rovisions for empowering SMC to enforce parking management in the city framing new rules and regulations under sub-section 36 of section 458 of The Gujarat Provincial Municipal Corporation (GMPC) Act of 1949.

all form a “Traffic Cell” within SMC. It shall be headed by Director (Traffic) of the rank of Executive Engineer or above. A team of Traffic Enforcement Officers (TEOs)


time based parking charge for all categories of vehicles. The premium Any road less than

12m shall not be permitted to have parking. A 12 m road shall have parallel parking on one side of (i.e, on Mondays, Wednesdays

and Fridays, parking shall be permitted on one side of the road. On rest of the days, it shall be . Any road more than 12 m shall have parking as and when decided by

Bicycles and handi-shall not be charged for parking. A base rate shall be finalized for 2

The parking charges shall street space occupied by the vehicles and the demand. The initial

The off street parking shall be less expensive than on street parking. The rates for off street parking For the first 3 hours, off street

people to use off street street parking.

rofit making. The revenue road improvement schemes within the area in consultation with local

The traffic cell in SMC shall manage the revenue generated from parking. These

Mexico city’s EcoParq pricing initiative allocates 30% of the revenue to public space improvements chosen by the community through the Public Space Authority. For example, of the estimated USD 492,000 monthly

providing quality accessible sidewalks,

Unregulated and illegal parking are rampant in Surat. Provision and maintenance of streets, among

parking through following mechanisms.

rovisions for empowering SMC to enforce parking management in the city shall be done by section 36 of section 458 of The Gujarat Provincial

all form a “Traffic Cell” within SMC. It shall be headed by Director (Traffic) of the rank of Executive Engineer or above. A team of Traffic Enforcement Officers (TEOs)

164

shall be appointed and shall report to the Directorviolations in SMC area shall be monitored by

SMC shall declare the permitted and prohibited areas for parking. No parking areas for smooth flow of people and vehicles. The places rules shall be prominently published public place in such a way as to cause or likely to cause danger, obstruction or undue inconvenience to others will be considered an offence. Such vehicles can be towed away or clamped by the SMC.

SMC shall determine the towing and fining charges. The charges for towing and the offence shall be borne by the defaulter. Traffic Enforcement Officers of SMC shand/ or clamp vehicles which violate parking norms. Towing vehicles and/ or clamps shall be procured by the SMC. The vehicle shall be unclamped after the correct fine has been deposited to the SMC. In case of towing, the vehicle shall be removed to the nearest impound lot and released after the correct fine has been paid

Private agencies can be appointed through transparent and competitive bidding process for collection of fees, penalties, towing and street parking areas, parking lots under bridges and flyovers, parking lots in municipal plots are clearly marked and easily identified. Specifically, the following standards shall be followed:

1 On street parking spaces shall be designed as per IRC:SP:12:20152 Boundaries of all on-street parking spaces will be marked by white line as indicated in

IRC:35-1997 3 Signage clearly marking parking and no parking areas shall be marked as per IRC:674 10% of all parking space –

people with disabilities

SMC will follow certain guidelines while defining no parking areas. These will include:

1 Prohibition of parking for at least 75 m from all 2 Prohibition of parking at least 10 m from all zebra crossings

To bring clarity to road users, SMC shall begin a process of demarcating onroads with RoW greater than 24m shall be taken up first, followed by 12 12m.

9.3 POLICY 3: PROVIDING

Currently, parking is free or inexpensive. The cost of parking is not a big factor during decisions of vehicle purchase.

The Central and State Governmentrules and regulations that shall make it mandatory for new vehicle owners to furnish proof that a parking area is available with the purchaser to park the vehicle. SMC shall also consider this policy based on rules and regulations


shall be appointed and shall report to the Director or concerned higher official. Alviolations in SMC area shall be monitored by traffic cell through frequent surveys.

declare the permitted and prohibited areas for parking. No parking areas for smooth flow of people and vehicles. The places for parking of different kinds of vehicles and the

published in local newspapers. Leaving a motor vehicle at rest in any public place in such a way as to cause or likely to cause danger, obstruction or undue inconvenience

be considered an offence. Such vehicles can be towed away or clamped by the SMC.

SMC shall determine the towing and fining charges. The charges for towing and the offence shall be borne by the defaulter. Traffic Enforcement Officers of SMC shall have the authority to tow away and/ or clamp vehicles which violate parking norms. Towing vehicles and/ or clamps shall be

. The vehicle shall be unclamped after the correct fine has been deposited to he vehicle shall be removed to the nearest impound lot and released paidto the SMC.

Private agencies can be appointed through transparent and competitive bidding process for collection of fees, penalties, towing and no parking charges in the city. SMC shall ensure that all onstreet parking areas, parking lots under bridges and flyovers, parking lots in municipal plots are clearly marked and easily identified. Specifically, the following standards shall be followed:

eet parking spaces shall be designed as per IRC:SP:12:2015 street parking spaces will be marked by white line as indicated in

Signage clearly marking parking and no parking areas shall be marked as per IRC:67– off street or on street – shall be reserved for senior citizens and


Prohibition of parking for at least 75 m from all junctions Prohibition of parking at least 10 m from all zebra crossings

To bring clarity to road users, SMC shall begin a process of demarcating on-street parking areas. All roads with RoW greater than 24m shall be taken up first, followed by 12 – 24 m an

POLICY 3: PROVIDING PROOF OF PARKING

Currently, parking is free or inexpensive. The cost of parking is not a big factor during decisions of

The Central and State Government (2017) have already declared their intention of framing new rules and regulations that shall make it mandatory for new vehicle owners to furnish proof that a parking area is available with the purchaser to park the vehicle. SMC shall also consider this policy based on rules and regulations that shall be formulated by the Central and State Government


All cases of parking

declare the permitted and prohibited areas for parking. No parking areas shall be defined for parking of different kinds of vehicles and the

Leaving a motor vehicle at rest in any public place in such a way as to cause or likely to cause danger, obstruction or undue inconvenience

be considered an offence. Such vehicles can be towed away or clamped by the SMC.

SMC shall determine the towing and fining charges. The charges for towing and the offence shall be all have the authority to tow away

and/ or clamp vehicles which violate parking norms. Towing vehicles and/ or clamps shall be . The vehicle shall be unclamped after the correct fine has been deposited to

he vehicle shall be removed to the nearest impound lot and released

Private agencies can be appointed through transparent and competitive bidding process for SMC shall ensure that all on-

street parking areas, parking lots under bridges and flyovers, parking lots in municipal plots are clearly marked and easily identified. Specifically, the following standards shall be followed:

street parking spaces will be marked by white line as indicated in

Signage clearly marking parking and no parking areas shall be marked as per IRC:67-2001 shall be reserved for senior citizens and


street parking areas. All 24 m and finally less than

Currently, parking is free or inexpensive. The cost of parking is not a big factor during decisions of

ntention of framing new rules and regulations that shall make it mandatory for new vehicle owners to furnish proof that a parking area is available with the purchaser to park the vehicle. SMC shall also consider this policy

that shall be formulated by the Central and State Government.

165

These rules shall be ratified by the Municipal Commissioner. proof to SMC that they have a place to park in a 250m radius of the address mentioned during purchase.

9.4 POLICY 4: SHARING PA

Often, it is observed that certain off street parking remains vacant at specific times of the day. This happens near schools, office buildings and residential areas. Other vehicles to that area are unable to use that parking due to ownership and jurisdiction issues.

SMC shall encourage sharing of parking space amongst different buildings and facilities which are in the same locality or proximity. For example, schools, hospitals, factories and banks have peak parking demand during weekdays while places like parks and malls have their peaks during weekends. Shared parking in the nearby areas will allow efficiency in terms of parking management and space allocation. This shall happen with the mutual consent of both parties aobjection” from the president/ chairman/ secretary of the premises.

9.5 POLICY 5: REDUCING PARKING MINIMUMS

Free and excessive parking encourages vehicle ownership. supply of free parking also results inmore requirements also add to development costs

Surat shall look at progressively reducing its minimum parking requirements. Minimum parking standards shall be linked to land use, transit proximity, presence of offthe vicinity, and sharing of parking. Currently, Surat’s parking standards reflect house owner must bear the cost of parking burden on someone who does not wish to own a vehicle and prefers public transport or other modes instead. These standards shall be modified in the following manner

Reducing demand by lowering parking standardsThe prevailing practice of linking standards with land use shall be discouraged. The parking standards will be lowered through a systematic study of land use, distance from transit, distance from city center and densities.

Reducing the parking requirements near transitDevelopers may further reduce the amount of parking along transit corridorswill ensure that public transport is incentivized.

BOX 3: EUROPEAN EXAMPLES OF PARKING NEAR TRAN

If a development is 500 meters from a metroallowed. Every 500–600 meters there is a metro in Paris and every 1.5Minimum requirements were eliminated while maximum parking for housing is one spot for (Europe’s Parking U-Turn: From Accommodation to Regulation). Similarly, in Strasbourg, the developer can


These rules shall be ratified by the Municipal Commissioner. Purchasers shall have to provide proof to SMC that they have a place to park in a 250m radius of the address mentioned during

POLICY 4: SHARING PARKING

Often, it is observed that certain off street parking remains vacant at specific times of the day. This happens near schools, office buildings and residential areas. Other vehicles to that area are unable

ng due to ownership and jurisdiction issues.

SMC shall encourage sharing of parking space amongst different buildings and facilities which are in the same locality or proximity. For example, schools, hospitals, factories and banks have peak

nd during weekdays while places like parks and malls have their peaks during weekends. Shared parking in the nearby areas will allow efficiency in terms of parking management

This shall happen with the mutual consent of both parties and subject to a “no objection” from the president/ chairman/ secretary of the premises.

PARKING MINIMUMS

xcessive parking encourages vehicle ownership. Studies have established that growing results inmore vehicles –kilometers. In addition, minimum parking

requirements also add to development costs and make+s housing expensive.

Surat shall look at progressively reducing its minimum parking requirements. Minimum parking ed to land use, transit proximity, presence of off-street parking facilities in

the vicinity, and sharing of parking. Currently, Surat’s parking standards reflect house owner must bear the cost of parking – even if he does not own a vehicle. This is an unfair burden on someone who does not wish to own a vehicle and prefers public transport or other

ese standards shall be modified in the following manner:

Reducing demand by lowering parking standards ice of linking standards with land use shall be discouraged. The parking

standards will be lowered through a systematic study of land use, distance from transit, and densities.

Reducing the parking requirements near transit Developers may further reduce the amount of parking along transit corridorswill ensure that public transport is incentivized.

OF PARKING NEAR TRANSIT

If a development is 500 meters from a metro stop, there is no obligation to build parking, though it is 600 meters there is a metro in Paris and every 1.5–2 kilometers a regional rail station.

Minimum requirements were eliminated while maximum parking for housing is one spot for Turn: From Accommodation to Regulation). Similarly, in Strasbourg, the developer can


Purchasers shall have to provide proof to SMC that they have a place to park in a 250m radius of the address mentioned during

Often, it is observed that certain off street parking remains vacant at specific times of the day. This happens near schools, office buildings and residential areas. Other vehicles to that area are unable

SMC shall encourage sharing of parking space amongst different buildings and facilities which are in the same locality or proximity. For example, schools, hospitals, factories and banks have peak

nd during weekdays while places like parks and malls have their peaks during weekends. Shared parking in the nearby areas will allow efficiency in terms of parking management

nd subject to a “no

Studies have established that growing In addition, minimum parking

Surat shall look at progressively reducing its minimum parking requirements. Minimum parking street parking facilities in

the vicinity, and sharing of parking. Currently, Surat’s parking standards reflect the fact that the . This is an unfair

burden on someone who does not wish to own a vehicle and prefers public transport or other

ice of linking standards with land use shall be discouraged. The parking standards will be lowered through a systematic study of land use, distance from transit,

Developers may further reduce the amount of parking along transit corridors by 25%. This

stop, there is no obligation to build parking, though it is 2 kilometers a regional rail station.

Minimum requirements were eliminated while maximum parking for housing is one spot for every 100 sq.m. Turn: From Accommodation to Regulation). Similarly, in Strasbourg, the developer can

166

provide 50% of the mandated parking if it is less than 500m from a public transit stop.

Netherlands has the ABC policy for regulating pA – In proximity PT (1 space per 10 employee)B – PT is at a particular distance (1 space per 5 employee)C – PT is rarely available (1 space per 2 employee)

The current parking minimums in the city’s DCR shall be used to benchmark the limit for coming 5 years.

SMC shall publish a map of Surat indicating the revised parking minimums. The Commissioner may with the approval of the Corporation amend the DCR. parking as per the revised minimums.

9.6 POLICY 6: ISSUING PARKING

Overnight and long duration on-effective use of street space. Free parking on such streets not only causeaccess, but also results in high car ownership.

SMC shall issue parking permits to authorize vehicle owners to park in designated parking zones near their home or work area. People annual payment basis. The parking permits will beto occupy the designated parking arparking permits by identifying the varying needs of different user groups. These will include:

Resident permits: The SMC shall issue a residential parking permit in the following cases:

The applicant’s residence is situated in a section of the road where parking is regulated by time and price.

The applicant’s residence does not have access to adequate off The applicant’s residence is in an area hosting an event

where there might be frequent cordoning off of vehicles.

Work Zone permit: The SMC may issue work zone parking permit to an applicanthat:

The applicant’s work place is adjacent to or nearby to the parking space in consideration. The applicant shall display the permit on their windshield while the vehicle is left parked in the

parking space. Work zone permits shall be valid for specified duration on specific days of the week.

The traffic cell within SMC shall issue parking permits to users. The parking permits procured on an annual or semi-annual workplace address, against which SMC shall issue permits.parking shall be permitted against the display of a residential permit attached to a nearby


provide 50% of the mandated parking if it is less than 500m from a public transit stop.

Netherlands has the ABC policy for regulating parking. In proximity PT (1 space per 10 employee) PT is at a particular distance (1 space per 5 employee) PT is rarely available (1 space per 2 employee)

The current parking minimums in the city’s DCR shall be used to benchmark the limit for

a map of Surat indicating the revised parking minimums. The Commissioner may with the approval of the Corporation amend the DCR. All new developments in Surat parking as per the revised minimums.

PARKING PERMITS

-street parking, especially on residential streets are a threat to effective use of street space. Free parking on such streets not only causes problems relating to

r ownership.

issue parking permits to authorize vehicle owners to park in designated parking zones near their home or work area. People shall be able to purchase parking permits on a monthly or

The parking permits will be renewed yearly. It will serve as an authorization to occupy the designated parking areas in the locality. Surat shall adopt an exhaustive system of parking permits by identifying the varying needs of different user groups. These will include:

shall issue a residential parking permit in the following cases:

The applicant’s residence is situated in a section of the road where parking is regulated by time

The applicant’s residence does not have access to adequate off-street parking facilities. The applicant’s residence is in an area hosting an event – example stadium, or any such facility where there might be frequent cordoning off of vehicles.

may issue work zone parking permit to an applicant if it is convinced


l be valid for specified duration on specific days of the week.

The traffic cell within SMC shall issue parking permits to users. The parking permits annual basis. Car owners shall have to furnish either residential or

orkplace address, against which SMC shall issue permits. Within the old city, free on street parking shall be permitted against the display of a residential permit attached to a nearby


The current parking minimums in the city’s DCR shall be used to benchmark the limit for the

a map of Surat indicating the revised parking minimums. The Commissioner may All new developments in Surat shall supply

street parking, especially on residential streets are a threat to problems relating to

issue parking permits to authorize vehicle owners to park in designated parking zones be able to purchase parking permits on a monthly or

renewed yearly. It will serve as an authorization Surat shall adopt an exhaustive system of

parking permits by identifying the varying needs of different user groups. These will include:

shall issue a residential parking permit in the following cases:

The applicant’s residence is situated in a section of the road where parking is regulated by time

reet parking facilities. example stadium, or any such facility

t if it is convinced


l be valid for specified duration on specific days of the week.

The traffic cell within SMC shall issue parking permits to users. The parking permits maybe Car owners shall have to furnish either residential or

Within the old city, free on street parking shall be permitted against the display of a residential permit attached to a nearby

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address.Permit holders shall display their permits on the windshield failing which they shall be liable for appropriate action. A residential parking permit shall also serve as proof of parking.

9.7 POLICY 7: REGULATING IPTS PA

Surat had 84,099 auto rickshaws directive shall apply to all demarcated areas

Surat shall have designated on-street spots for parking taxis and be specifically demarcated by the SMC. charges shall be recovered from IPTS for using these spaces. to park in these areas. IPTS shall not be allowed to park in spaces designated for other

Higher priority shall be given for IPTS parking parking in an undesignated area shall be liable for appropriate parking charges or suitable measures.

SMC shall initially demarcate IPT parking near commercial and transit hubs such as malls, bus terminals and railway stations shall be prioritized over parking for other and city taxis.

9.8 POLICY8: MANAGING FREIGHT

In Surat, allowing freight vehicles to ply on internal streets during all times of the day has resulted in reduced capacity and efficiency of streets. In order to control managing movement and parking of freight vehicles.

In order to manage freight parking, it is essential to prepare a cityplan. Apart from decongesting parts of the city’s road network, such a step also gives way to regulate on-street loading and unloading areas, parking of cargo vehicles etc. This section aims to address the unregulated parking of heavy trucks and other cargo vehicles on

Freight vehicle parking shall be allowed only in such demarcated zones as describedorder to ensure efficient utilization of street capacities, freight parking shall be limited to specific hours of the day, which shall be decided by SMC.

For the first phase, SMC shall outline streets on which movement of heavy freight vehiclcompletely restricted. Subsequently, a detailed freight mashall also entail a system for providing vehicles.


Permit holders shall display their permits on the windshield failing which they shall be A residential parking permit shall also serve as proof of parking.

: REGULATING IPTS PARKING

Surat had 84,099 auto rickshaws in 2011. It has only been increasing since then. This policy directive shall apply to all demarcated areas for IPT in the city.

street spots for parking taxis and auto rickshaws. These spaces shall by the SMC. No IPTS parking shall be provided near junctions.

charges shall be recovered from IPTS for using these spaces. Other vehicles shall not be permitted IPTS shall not be allowed to park in spaces designated for other

be given for IPTS parking in areas within 300m from transit stations. Any IPT parking in an undesignated area shall be liable for appropriate parking charges or suitable

SMC shall initially demarcate IPT parking areas on all streets within its jurisdictionnear commercial and transit hubs such as malls, bus terminals and railway stations shall be prioritized over parking for other modes. Such parking shall be restricted to only auto rickshaws

: MANAGING FREIGHT

In Surat, allowing freight vehicles to ply on internal streets during all times of the day has resulted in reduced capacity and efficiency of streets. In order to control this, thepolicy

ing movement and parking of freight vehicles.

In order to manage freight parking, it is essential to prepare a city-wide freight vehicle management plan. Apart from decongesting parts of the city’s road network, such a step also gives way to

street loading and unloading areas, parking of cargo vehicles etc. This section aims to address the unregulated parking of heavy trucks and other cargo vehicles on-street.

Freight vehicle parking shall be allowed only in such demarcated zones as describedorder to ensure efficient utilization of street capacities, freight parking shall be limited to specific

shall be decided by SMC.

outline streets on which movement of heavy freight vehiclcompletely restricted. Subsequently, a detailed freight management plan shall be prepared. shall also entail a system for providing vehicle-parking certificates manage all registered freight


Permit holders shall display their permits on the windshield failing which they shall be A residential parking permit shall also serve as proof of parking.

2011. It has only been increasing since then. This policy

. These spaces shall No IPTS parking shall be provided near junctions. No

Other vehicles shall not be permitted IPTS shall not be allowed to park in spaces designated for other vehicles.

transit stations. Any IPT parking in an undesignated area shall be liable for appropriate parking charges or suitable

jurisdiction. IPT parking near commercial and transit hubs such as malls, bus terminals and railway stations shall be

Such parking shall be restricted to only auto rickshaws

In Surat, allowing freight vehicles to ply on internal streets during all times of the day has resulted policy recommends

wide freight vehicle management plan. Apart from decongesting parts of the city’s road network, such a step also gives way to

street loading and unloading areas, parking of cargo vehicles etc. This section aims to street.

Freight vehicle parking shall be allowed only in such demarcated zones as described earlier. In order to ensure efficient utilization of street capacities, freight parking shall be limited to specific

outline streets on which movement of heavy freight vehicles shall be nagement plan shall be prepared. This

registered freight

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9.9 POLICY 9: PROMOTING NON

OFF-STREET PARKING F

SMC is upgrading its public transport through BRTS, city buses and the proposed metro. Many users have given feedback that last and first mfacilitate transit users by planning rental scheme. Such stations may also benefit users who wish to park and ride. towards implementing an appropriate bicycle scheme.from transit facilities shall have free parking for bicycles.

In certain cases, especially around the old city and congested areas, SMC shall promote bicycle schemes around off-street parking facilities to enablebicycles to access such areas.


PROMOTING NON-MOTORIZED TRANSPORT NEAR TRANSIT AND STREET PARKING FACILITIES

SMC is upgrading its public transport through BRTS, city buses and the proposed metro. Many users have given feedback that last and first mile connectivity is an issue. Therefore, SMC

e transit users by planning a city-wide Public Bicycle Sharing system (PBS). Such stations may also benefit users who wish to park and ride.

towards implementing an appropriate bicycle scheme.All planned parking facilities within from transit facilities shall have free parking for bicycles.

In certain cases, especially around the old city and congested areas, SMC shall promote bicycle street parking facilities to enable visitors to park their vehicles there and use


TRANSIT AND

SMC is upgrading its public transport through BRTS, city buses and the proposed metro. Many le connectivity is an issue. Therefore, SMC shall

(PBS) or a bicycle . Such stations may also benefit users who wish to park and ride. SMC shallwork

All planned parking facilities within 300m

In certain cases, especially around the old city and congested areas, SMC shall promote bicycle visitors to park their vehicles there and use

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10 PARKING TECHNOLOGIES

SMC shall implement ITS strategies as detailed in this section. The overarching objective shall be to charge users of parking facilities, whdemand for parking. The smart parking facilities shall enable a citizen of Surat to parking spot in the city center; (2) be advised of the probability for the parking spot toavailable upon his arrival in the city center and (3) decide on reserving and preparking spot. The other benefits of implementing smart parimprovement in vehicle circulation, space usage and unifi

To sum up, smart parking management

a) To control access to parking areas and to setb) To reduce the time spent whilec) To improve the service efficiency

The following section details out the possible

10.1 ADVANCE INFORMATION

It has been estimated that up to 30% of traffic in the city center parking spaces.By displaying dynamic information on the availability of parking spaces in Surat, the extent of driving around in search of parking areas can be significantly reduced. installed at critical decision points such as malls, commercial centers and even around shared parking facilities. Such a strategy will also lead to increased faith in the parking management system.Such information can also be dissipated to users through the internet and phone. actively implement the parking meter transparency in the transactions. Like discussed in the previous sections, pricing is one of the most effective strategies to manage onshall display dynamic prices varying with time of day. The mode of payment shall range from cash to online payments, including smart cards.

SMC may, in the long run also consider seamless integration of public transtravel card that could also be used to pay parking charges. technology through a dedicated web and mobile application. This including lower costs since SMC can do away

10.2 PARKING GUIDANCE AND

Parking Guidance and Information (PGI) systems are based on the use of message signs to give drivers information regarding parking availability. PGI systems are designed to aid ivacant parking spaces by directing drivers to car parks where occupancy levels are low.


PARKING TECHNOLOGIES-SMART PARKING

SMC shall implement ITS strategies as detailed in this section. The overarching objective shall be to charge users of parking facilities, while also incentivizing those who are successful in reducing their

smart parking facilities shall enable a citizen of Surat to parking spot in the city center; (2) be advised of the probability for the parking spot toavailable upon his arrival in the city center and (3) decide on reserving and pre-

The other benefits of implementing smart parking systems in Surat improvement in vehicle circulation, space usage and unified fee processing system.

mart parking management in Suratshall have three main objectives:

To control access to parking areas and to set-up advanced payment systems time spent while searching for available parking space

efficiency of parking lots

The following section details out the possible applications of smart parking technology.

ADVANCE INFORMATION ON AVAILABILITY OF PARKING LOTS

It has been estimated that up to 30% of traffic in the city center is made up of vehicles cruising for parking spaces.By displaying dynamic information on the availability of parking spaces in Surat, the extent of driving around in search of parking areas can be significantly reduced.

ecision points such as malls, commercial centers and even around shared parking facilities. Such a strategy will also lead to increased faith in the parking management

Such information can also be dissipated to users through the internet and phone. he parking meter technology, to charge the parking fees and to keep

. Like discussed in the previous sections, pricing is one of the most effective strategies to manage on-street parking spillover and congestion. These parking meters shall display dynamic prices varying with time of day. The mode of payment shall range from cash to online payments, including smart cards.

SMC may, in the long run also consider seamless integration of public transport facilities with a travel card that could also be used to pay parking charges. SMC shall also consider ptechnology through a dedicated web and mobile application. This offers additional benefits,

SMC can do away with the cost of meters on the curb.

AND INFORMATION SYSTEM

Parking Guidance and Information (PGI) systems are based on the use of message signs to give drivers information regarding parking availability. PGI systems are designed to aid ivacant parking spaces by directing drivers to car parks where occupancy levels are low.


SMC shall implement ITS strategies as detailed in this section. The overarching objective shall be to ile also incentivizing those who are successful in reducing their

smart parking facilities shall enable a citizen of Surat to (1) find a free parking spot in the city center; (2) be advised of the probability for the parking spot to be still

-paying for such a ing systems in Surat shall be

ed fee processing system.

up advanced payment systems

smart parking technology.

PARKING LOTS

is made up of vehicles cruising for parking spaces.By displaying dynamic information on the availability of parking spaces in Surat, the extent of driving around in search of parking areas can be significantly reduced. These can be

ecision points such as malls, commercial centers and even around shared parking facilities. Such a strategy will also lead to increased faith in the parking management

Such information can also be dissipated to users through the internet and phone. SMC shall technology, to charge the parking fees and to keep

. Like discussed in the previous sections, pricing is one of the most These parking meters

shall display dynamic prices varying with time of day. The mode of payment shall range from cash

port facilities with a SMC shall also consider pay by phone

additional benefits,

Parking Guidance and Information (PGI) systems are based on the use of message signs to give drivers information regarding parking availability. PGI systems are designed to aid in the search for vacant parking spaces by directing drivers to car parks where occupancy levels are low.

170

The availability of parking spaces in each facility is obtained from sensors that count the number of cars entering and exiting or, in other cases, byregisters to the capacity of the facility. This information is sent to a central or main computer that processes it, determining the locations of available parking. Availability is generally expressed in terms of "full" or "empty," but in some cases the act

For Surat, the PGS aims to encourage a more efficient use of existing parking facilities and reduce the amount of parking search traffic and availability of parking spaces.


The availability of parking spaces in each facility is obtained from sensors that count the number of cars entering and exiting or, in other cases, by comparing the tickets issued at machines or cash registers to the capacity of the facility. This information is sent to a central or main computer that processes it, determining the locations of available parking. Availability is generally expressed in

rms of "full" or "empty," but in some cases the actual number of spaces is given.

he PGS aims to encourage a more efficient use of existing parking facilities and reduce the amount of parking search traffic by providing information to drivers concerning the locations and availability of parking spaces.


The availability of parking spaces in each facility is obtained from sensors that count the number of comparing the tickets issued at machines or cash

registers to the capacity of the facility. This information is sent to a central or main computer that processes it, determining the locations of available parking. Availability is generally expressed in

he PGS aims to encourage a more efficient use of existing parking facilities and reduce concerning the locations

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ANNEXURE1

The tables below show on and off street parking charges in

0 to 3 hours 3-wheelers 20 Cars 25 LCV 35 HCV 60

On Street Parking 0 to 3 hours 3-wheelers 25 Cars 30 LCV 40 HCV 90

0 to 6 hours3-wheelers 15Cars 20LCV 30HCV 50

Off Street Parking 0 to 6 hours3-wheelers 20Cars 25LCV 35HCV 75

On and Off Street Parking 0 to 3 hours 3 to 6 hours

2 wheelers 10

Note: For more than 24 Hours, parking charges shall be computed based on the additional duration of parking as increment from 0. Bicycles and Handicapped Modified Vehicles shall not be charged for parking.


on and off street parking charges in normal and premium areas

On Street Parking - All areas 3 to 6 hours 6 to 9 hours 9 to 12 hours 12 to 24

25 35 45 30 45 60 50 70 90

100 150 200

On Street Parking – Premium Areas 3 to 6 hours 6 to 9 hours 9 to 12 hours 12 to 24 Hours

30 45 65 40 60 90 60 80 110 110 165 250

Off street Parking - All areas 0 to 6 hours 6 to 12 hours 12 to 18 hours 18 to 24 hours

15 25 35 4520 30 45 6030 50 70 9050 100 150 200

Off Street Parking – Premium Areas 0 to 6 hours 6 to 12 hours 12 to 18 hours 18 to 24 hours

20 30 45 6525 40 60 9035 60 80 11075 110 165 250

On and Off Street Parking - All areas 3 to 6 hours 6 to 9 hours 9 to 12 hours 12

15 20 25

Note: For more than 24 Hours, parking charges shall be computed based on the additional duration Bicycles and Handicapped Modified Vehicles shall not be charged


areas.

12 to 24 Hours 60 80

110 250

12 to 24 Hours 80

110 130 300

18 to 24 hours 45 60 90

200

18 to 24 hours 65 90

110 250

12 to 24 Hours

40

Note: For more than 24 Hours, parking charges shall be computed based on the additional duration Bicycles and Handicapped Modified Vehicles shall not be charged

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ANNEXURE2

The table below shows parking permit charges.

TABLE 5: PARKING PERMIT IN EXTERNAL AND CORE ZO

Parking District

Vehicles

Cost_RP/year

External 2W 2920

Car 8760

LCV 14600

HCV 20440

Core 2W 5840

Car 17520

LCV 29200

HCV 40880 RP : Residential Permit WP: Work Permit


below shows parking permit charges.

EXTERNAL AND CORE ZONE

Subsidy Scenarios

90% Subsidy 95% Subsidy

Cost_WP/year

Cost / month

Cost_RP/year

Cost_WP/year

1600 243 1460 800

4800 730 4380 2400

8000 1217 7300 4000

11200 1703 10220 5600

3200 487 2920 1600

9600 1460 8760 4800

16000 2433 14600 8000

22400 3407 20440 11200


95% Subsidy

Cost_WP/y Cost / month

122

365

608

852

243

730

1217

1703

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