Madras High Court: In a matter relating to the fixation of carrying capacity in respect of the Nilgiris District and Dindigul District, the division bench of N. Sathish Kumar, J. and D. Bharatha Chakravarthy, JJ. without imposing any restrictions on the number of vehicles entering the hill stations, the Court directed for regulating the entry of vehicles by granting e-passes.
The Court took note of its order dated 22-04-2024, wherein it recorded that the Government has roped in two institutions viz., Indian Institute of Technology, Chennai and Indian Institute of Management, Bangalore, to take up the study for fixing carrying capacity in the hill stations viz., the Nilgiris, the Nilgiris District as well as Kodaikanal in Dindigul District.
Pending such a study to be undertaken by the Government, the Court said that the question relates to the interim measures which could be ordered.
After perusing the status report, the Court noted that a whooping 20011 vehicles are entering the Nilgiris every day, which includes 11509 cars, 1341 vans, 637 buses, 6524 two-wheelers in an average during the peak season. The Court said that the situation is alarming. There can be absolutely no place even for the movement of traffic and it is affecting everyone, the residents, the tourists, the visitors etc., without exception.
More specifically, the Court said that:
(i) the local residents cannot even move even for their regular livelihood including for medical emergency and their very right to life is affected;
(ii) the tourists also cannot reach their destinations and it spoils their very experience;
(iii) the environment is the worst affected.
Therefore, while the study is being undertaken, for the current year, without any restrictions on the number of vehicles entering the hill stations, the Court said that entry of vehicles can be regulated by granting e-passes.
The Court said that the entry passes can be issued after due filling in of a form with relevant questions as to (i) the nature / type of the vehicle whether it is a car, van, bus or two; (ii) whether the entry is for tourist or other purposes; (iii) whether it is day trip or a stay; (iv) the number of persons travelling; (v) and other relevant particulars.
The Court suggested for a user-friendly system, whereby the Tourists or any other person visiting the Nilgiris or Kodaikanal will be able to fill in and an auto generated e-pass can be granted. It can also be doubled up by linking payment gateway portal in respect of Green Tax or Toll Charge. It also suggested that e-passes can also contain important information, such as, ban of one-time use of plastic products like water bottles, polythene bags, etc., and such other instructions for the tourists so that the solid wastes are properly disposed and managed.
Thus, the Court said that without imposing any restrictions, by regulating the movement, firstly as temporary measure/pilot basis, the entire system can be made more efficient and improved besides providing the much-needed valuable data for the study which is going to be undertaken by the State of Tamil Nadu through the aforesaid agencies.
After noting that due to extreme drought conditions, adequate drinking water to the residents have become a challenge, the Court gave the following directions to the District Collector:
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To develop a system / online form to enable all the vehicles visiting the Nilgiris or Kodaikanal to fill in the above particulars and generate an e-pass and will permit only such of those vehicles which have e-passes with effect from 07-05-2024 and shall be in vogue on a pilot / test basis upto 30-06-2024;
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To check the possession of such e-passes at the entry points without fail;
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Adequate publicity for the said system informing the public on the website/ mobile app which are going to be developed; advertisements can be issued nation-wide and more specifically in the regional newspapers of the neighbouring States
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Exempt the vehicles of the local residents, commercial vehicles regularly carrying essential commodities and the vehicles carrying agricultural products by issuing an appropriate notification;
The Court also directed the appropriate authorities/departments of the Government are to render their assistance to the District Administration of the Nilgiris as well as Dindigul District, for developing the software/website, mobile app and online application for issuance of e-pass.
The District Collector, the Nilgiris District, was also directed to ensure the traffic management for the current season, particularly, consider the stopping of tourists vehicles entering via Kalhatti Ghat Road because it is stated to be one of the primary reasons for the traffic congestion as well as detrimental to the Environment.
[G Subramania Koushik v. The Principal Secretary, 2024 SCC OnLine Mad 1041, Order dated 29-04-2024]
Honorable High Court may order study of carrying capacity of vehicles in all cities and if exceds the limit then they should order e passes for entry into that city.New registration of vehicles should be banned in that city till additional capacity is created. A system that exists in Singapore like auctions for ownership of vehicles maybe created which will help government to get revenue.