Calcutta High Court backs traffic restrictions on Goods Vehicles in Kolkata, limiting operation hours, excluding the Port area, amid a challenge by Merlin Projects Ltd.
The Calcutta High Court has affirmed the enforcement of a traffic regulation that limits the operation of Heavy Goods Vehicles (HGVs) and Medium Goods Vehicles (MGVs) in Kolkata, barring their movement from 6 AM to 10 PM across the city, excluding the Port area.
This decision comes in light of a challenge posed by Merlin Projects Ltd., a real estate development company, against a Traffic Notification that sought to mitigate traffic congestion and enhance public safety by regulating the movement of these vehicles during peak hours.
The court’s decision underscores the necessity of such restrictions to facilitate smoother traffic flow and ensure the safety of Kolkata’s citizens during busy hours. The notification, however, does carve out exceptions for vehicles transporting essential and perishable items, including LPG, petroleum, oxygen, milk, fruits, and vegetables, allowing them to ply between 10 PM to 8 AM and 12 PM to 4 PM, thereby ensuring that the city’s essential needs are met without disruption.
Justice Sabyasachi Bhattacharya, presiding over the case, articulated the court’s stance, stating,
“Restrictions imposed by the Notification are not disproportionate. The stipulations introduced by the Notification are quite appropriate and necessary to ensure free movement of traffic and in order to avoid chaos during office hours in a large city like Kolkata as well as to maintain safety of its citizens which would be jeopardized if heavy vehicles treaded the roads of the city during busy hours, except for transport of essential and perishable commodities as mentioned in the Notification. Hence, the restrictions are neither disproportionate nor do they totally deprive the real estate businesses.”
Merlin Projects Ltd. challenged the restrictions, focusing on their impact on the transportation of Ready Mixed Concrete (RMC), a vital element in construction. According to the petitioners, the stipulated vehicle movement timings severely hindered the transport of RMC. They argued that, given the lifespan of RMC and Kolkata Municipal Corporation (KMC) rules restricting its use from sunset to sunrise, these regulations effectively prohibited its utilization for construction purposes during permissible hours.
Furthermore, the petitioners contended that the restrictions infringed upon their fundamental right to conduct business under Article 19(1)(g) of the Constitution and claimed that the distinction made against the transport of RMC was unreasonable and violated Article 14 of the Constitution.
In defense, the counsel for the State argued that RMC, being one of several options for construction, was not deemed essential and that the primary motive behind its use by the petitioners was profit generation. The State justified the notification on the grounds of public safety, citing past incidents, including tragic accidents involving schoolchildren, as a rationale for the stringent traffic regulations.
Following examination, the Court acknowledged that the challenge was grounded in Articles 14 and 19 of the Constitution, protecting the rights to equality before the law and the practice of any profession, occupation, trade, or business. However, the Court also noted that Article 19(6) permits reasonable restrictions on these rights in the interest of the general public.
The Traffic Notification was within the bounds of reasonable restrictions, emphasizing that the measures were essential for regulating traffic during peak hours and ensuring the safety of the public. It was determined that sufficient justification had been provided by the State to support the notification’s enforcement.
The Court found that the notification did not outright prohibit real estate construction in Kolkata but merely regulated one of the many types of concrete used in construction, which was not deemed essential. As a result, the plea was dismissed, reinforcing the Traffic Notification’s role in promoting public safety and efficient traffic management in Kolkata.
