Times of
India: Nagpur: Sunday, September 15, 2019.
A
social worker filed PIL in Nagpur bench of Bombay high court seeking directives
to the Centre and the state to utilize road safety cess/funds collected under
the Maharashtra Motor Vehicles Tax Act, 1958, for purposes as specified in a
Government Resolution (GR).
The
GR, dated September 1, 2016, specified establishing road safety cells to
analyse road accidents and deploy special flying squads equipped with speed
guns and breath analysers on highways and speedways. It also mentioned about
developing the intelligent traffic system and popularize its usage, identifying
accident-prone spots in the state and providing body wearing cameras to traffic
police and regional transport officers (RTO) for their safety and evidence
purposes.
While
issuing notices to respondents, a division bench comprising justices Ravi
Deshpande and Vinay Joshi kept the matter for final disposal on September 11.
Union Ministry for Road Transport and Highways’ secretary, state transport
department’s principal secretary, transport commissioner, chief secretary, and
RTO of city and rural areas are made respondents in the PIL (No 49/19).
Quoting
information obtained under the RTI Act for the amounts collected by levy and
imposition of road safety cess, petitioner Paramjeet Singh Kalsi informed that
Rs298.24 crore were collected since 2016-17 till April 30. The commissioner
conveyed to him that process of purchasing latest road safety equipment for
traffic police and Transport Department officials was underway.
Kalsi
counsel Harnish Gadhia contended that despite collecting such big amount in
last three years, no policy was fixed or formulated for purchasing the latest
road-safety equipment for traffic cops and transport officials. He said if such
policy was framed in reasonable time, many fatal mishaps could have been
prevented and precious lives could have been saved.
“Fundamental
rights under Article 21 of the constitution of India which ensures right to
life and personal liberty are at stake for want of road safety measures, as
suggested by the Supreme Court and proposed by the state through 2016 GR. It’s
necessary to protect the fundamental rights of the citizens by expeditiously framing
a scheme/policy for purchase of road safety equipment for the concerned
officers,” the lawyer said.
Further
citing figures obtained through RTI, the lawyer said the revenue collected by
the government was Rs8,671.25 crore in 2018-19, which shows that there’s no
paucity of funds. “The only question is why there is a delay in taking
appropriate legal steps for ensuring road safety measures till date. Also what
happens to such humongous funds collected under the various heads from the
public at large. It’s necessary that before the funds collected through road
safety cess are diverted for some other works, those should be utilized for the
purpose mentioned in the 2016 GR,” he said.