Biker ban on JJ flyover justified: HC
The Bombay High Court on Thursday dismissed two public interest litigations (PILs) challenging the traffic police’s decision to ban two-wheelers from the 2.4-km-long flyover, reports HT Correspondent.mumbai Updated: Apr 30, 2010 01:36 IST
The ban on two-wheelers on JJ flyover will stay.
The Bombay High Court on Thursday dismissed two public interest litigations (PILs) challenging the traffic police’s decision to ban two-wheelers from the 2.4-km-long flyover.
A division bench of Justice J.N. Patel and Justice S.C. Dharmadhikari said, “There was nothing wrong or illegal with the decision of the traffic control branch of Mumbai police.”
The court said authorities should consider banning two-wheelers in the city along the lines of autorickshaws being barred from certain areas.
“It cannot be a subject matter of judicial scrutiny,” the judges said. “Some matters are best left to the authorities.” The court, however, allowed the petitioners to submit a representation to the traffic police for reconsidering the ban. The judges pointed out that BEST buses were also not allowed to ply on certain flyovers in the city.
One of the PILs was filed by non-governmental organisation, IMPACT, while the other was filed by a resident, Anil Chaurasia. They had sought the quashing of the traffic police’s notification banning all two-wheelers on JJ flyover.
IMPACT’s lawyer, Mubin Solkar, contended that thousands of bikers used that route every day and there was no alternative way for them. He added that the ban was resulting in waste of fuel as bikers had to take a longer route to reach south Mumbai.
Solkar said a study by the traffic police had found that there are some dangerous curves on the flyover, and instead of taking measures to prevent the threat, traffic police resorted to banning two-wheelers altogether.
In an affidavit filed in reply to the PILs, Nandkumar Chaugule, deputy commissioner (traffic) had stated, “Out of 31 accidental deaths registered on the JJ flyover between 2002 and 2010, 30 involved two-wheeler riders while the number of bikers injured during the same period had reached 184.”
The affidavit added that there were three accident-prone curves along the flyover. One of them was near Mandvi post office, was where most of the accidents had taken place. The study led to the ban on two-wheelers from April 1, it added.