The two judges of Indore bench of the high court, hearing the application of the administration asking for a ban on running of four wheelers inside the BRT corridor, have come up with opposing judgements. Now it is up to the chief justice of Madhya Pradesh high court to decide on the issue.
The signed orders of Justice PK Jaiswal and Justice Prakash Shrivastava are yet to be released, but the judges read out the order to the petitioner of the case, social activist Kishore Kodwani in the courtroom.
The administration had demanded that four-wheelers be banned inside the BRT corridor on the plea that there had been an increase in the number of accidents ever since four-wheelers had been allowed inside the BRT corridor, which was initially meant as dedicated corridor for buses. One of the judges agreed with the submission of the administration and ruled that four-wheelers should be banned along the corridor, which should only be reserved for buses. However, the other judge disagreed and said that four-wheelers should continue to ply on the corridor.
It may be recalled that on October 1, 2013, a double bench of the high court in Indore had stayed the collector’s notification dated July 17, 2013 by which only i-buses were allowed to ply on the dedicated BRT corridor, and allowed four-wheelers to ply inside the corridor. This order had been passed by Justice NK Mody and Justice PK Jaiswal. The court passed this order while hearing a petition by Kodwani in which he had argued that the BRTS in its present form was unsafe and several changes needed to be made.
Subsequently, the district administration had filed an application before the court asking that plying of four-wheelers be stopped inside the corridor as it was unsafe and leading to accidents. They had also buttressed their arguments with details of accidents that had taken place inside the corridor ever since the four-wheelers were allowed inside the BRT corridor. After Justice Mody retired, the case was being heard by Justice Jailwal and Justice Shrivastava.