Bombay High Court at Goa orders Panchayat to take actions regarding road safety
Bombay High Court at Goa orders Panchayat to take actions regarding road safety
Title: Athnain Audhut Naik v. State of Goa
Decided on: September 4, 2023
Citation: 2023 SCC OnLine Bom 1880
CORAM: HON’BLE JUSTICE M.S. SONAK AND JUSTICE BHARAT P. DESHPANDE
Facts of the Case
This petition highlights issues of road safety and increased accidents in the Sancoale village. The petitioner pointed out how this area is prone to accidents by placing some photographs on record. The petitioner seeks a writ of mandamus to the respondent to take some road safety measures at this spot, by placing speed breakers. He also seeks management of cattle on road.
Court Analysis and Judgement:
The court is of the view that the petition could be considered as a representation to the District Magistrate, South Goa, who is the competent authority under the Motor Vehicles Act and the Rules for directing the placement of speed breakers and Superintendent of Police. The Court demands them to take a decision on the petitioners’ prayers as expeditiously as possible and, in any case, within a maximum of two months from today and consider the petitioner’s suggestions in the matter. Court is of the opinion that the Panchayat on its own should have been more proactive if, indeed, this spot is accident-prone, as alleged by the petitioner. It is the duty of the Panchayat to ensure that there is traffic safety to prevent road accidents. It also held that it is the duty of the Panchayat to deal with the menace of stray cattle. The Court also held that the Panchayat must take all possible steps to ensure that the roads within their jurisdiction do not have stray cattle which pose serious hazards to traffic safety and the cattle themselves and that they must also submit at least quarterly reports each year regarding the steps taken by this Panchayat on the issue of stray cattle on the public roads.
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Written by- Reema Nayak