SOS from residents of Saket Complex, Thane

August 10, 2007

The Chief Justice,
Mumbai High Court,
Mumbai.

Sub : S O S APPEAL FROM RESIDENTS OF SAKET COMPLEX, THANE TO STOP MOVEMENT OF HEAVY VEHICLES ON SAKET ROAD.

Respected Sir,

On behalf of 4000 residents residing in Saket CHS Ltd. and Saket Towers, I am filing this letter to you with an urgent plea to kindly intervene and give us relief for the various reasons mentioned under alongwith facts :

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

2. Delivering the judgement the Hon. Judges stated that (quote) : Pt. no. 2 : The AGP informs us that a meeting of the Collector, Thane, Commissioner, Thane, Municipal Commissioner, Deputy Commissioner(Traffic), Thane and City Engineer, Thane Municipal Corporation took place on July 24, 2006.

3. Pt. no. 3 of the said judgement further states that (quote) : The AGP placed before us a change route map,marked X for identification purposes. As per the said route map, the traffic from National Highway No. 3 and National Highway No. 4 now passes through the road marked by arrows from Navi Mumbai to Old Agra Rd. According to the decision taken in the said meeting, the traffic from National Highway No. 3 and National Highway No. 4 does not pass through Meenatai Thackeray Chowk ( Castle Mill). We are thus satisfied that the grievance of the petitioner raised through the PIL has been redressed and no further orders need to be passed in the writ petition.(unquote).

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

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

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

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

8. In the current case, we would like to inform you that there are 4000 people residing in the Saket vicinity who are bearing the brunt of the irresponsible decision to divert Highway traffic through a stretch of a road meant for residential premises and constructed to withstand only LIGHT VEHICULAR movement.

9. This diversion has created daily nuisance to these thousands of people including school going children, pregnant women, senior citizens and office-goers.

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

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

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

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

• Whether such disowning of responsibility which leads to residents resorting to remedies of Raasta Roko or Bandhs are in the best interest of society?

On this background, we have no alternative but to invoke extraordinary jurisdiction of this Hon. High Court under Article 226 of the Constitution of India for the protection of the rights of people as guaranteed under Article 21 of the Constitution of India and seeking redress of our grievance to implement the provisions of Motor Vehicles Act so as to maintain and uphold the interest of Public Safety and not allow it redundant at any cost and in any circumstances.
Hence this petition!!

Regards,

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