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The Himachal Pradesh High Court on Thursday amended its order about ban on movement of vehicles on sealed and restricted roads in the town. However, it directed the state additional Chief Secretary (Home) to strike an “apt balance” between pedestrians’ right and permitting certain categories of people to drive on the sealed roads.
The court also accepted the apology of the additional CS (Home) relating to a challan issued to an official vehicle of a sitting High Court judge. The government was also directed to issue temporary permits to citizens in case of emergencies.
The order was passed by a division Bench comprising Justice Rajiv Sharma and Justice Sureshwar Thakur after a mention by a senior lawyer Jyotsna Rewal Dua relating to hardships being caused by the court order imposing a total ban on the movement of vehicles on the Mall Road between Railway Board building to CTO, besides other restrictions passed by the court on November 21.
Conceding the plea, the bench ordered suitable modifications. The court also granted relaxations to MLAs living in the Metropolite Complex. They will be allowed to ply their vehicles via Shimla Club but they will not be allowed to park their vehicles in the core Mall Road area as they had been doing earlier.
Issuing a number of new directions, the court said advocates plying their vehicles to DC office via Winterfield should be issued permits liberally for using the restricted road in connection with their work. Similarly, they will be allowed to use the restricted road from Kennedy Chowk to Boileauganj and back, taking into consideration the arduous duties discharged by them. “Permits will be issued within a period of one week after receipt of the applications. The applications shall be accompanied by a certificate by the Secretary of the Bar Council, that the learned advocate is a practicing advocate” the order said.
The court clarified that there will be no restriction on plying of HRTC taxis from SBI building to CTO Building. The advocates practicing at HP state administrative tribunal will get facility of at least four taxies from Shilli Chowk to Majitha House. It, however, directed for maintaining proper speed of the vehicles on the sealed road for the benefit of pedestrians.
Similarly, state-level accredited journalists will also have be allowed to use vehicles, self driven vehicles or with a driver. The public relations department will ensure that it’s check list was followed strictly .
“We order the Additional Chief Secretary (Home) that the ambulances, carrying patients to the hospitals and back should not be stopped on any of the restricted or sealed roads. It is also made clear by way of abundant precaution that any vehicle carrying patient shall also be treated as an ‘ambulance”.
The court, however, said “We are of the considered view that taking into consideration the glorious history of the Shimla town, which at one time was called “Queen of Hills”, the permits of the sealed roads should be minimum. Moreover, permitting the vehicles on sealed roads beyond SBI building to O building and Shimla Club to Lift causes immense hardship to the pedestrians. Shimla is primarily a walking Banks situated on the sealed/restricted roads and in the core area of the city will be permissions to carry their vehicles for the currency/ cash being brought in those vehicles town and we must encourage the people to walk on the sealed roads.”
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