Friday, 27 July 2018

INFRASTRUCTURE DEVELOPMENT: ROADS & BRIDGES, AIRPORTS, RAILWAYS, KOCHI METRO, TRANSPORT, TRADE, COMMERCE AND INDUSTRY


Historically, “muddy roads” were built by the Persians across their Empire. Later, the Roman Empire built deep beds of crushed stone in a layer beneath the road to ensure the dryness of the road, as the water would drain out from the crushed stone, instead of mud becoming slushy. This was made for the quick movement of their troops from one place to another. Gradually, the Islamic Caliphate built tarred roads in Baghdad.

Road construction improved slowly; drainage facilities were provided to reduce the damage to roads during torrential rains. Roads were macadamized (based on McAdam’s theory) or having a smooth convex surface to allow rainwater to drain quickly into drains/canals at the sides.

Kumbalam Village, being a cluster of tiny islands, there was no road and there was no scope for road transport. Earlier, swift vessels like Odi-vanchi and snake boats were used for the transport of warriors and important men. During the Portuguese and Dutch colonial period, the villagers in the delta region used ‘Kettu-Vallangal,’ large vessels to transport goods through the Vembanad Backwaters and major rivers. In the hilly regions people, used ox-carts or horse-carts to carry goods, trudging through dirt tracks, or men used to carry goods on their head or shoulders.  

During the colonial period especially the British, exports and imports increased rapidly. As states became richer, new roads and bridges were built in erstwhile State of Cochin. The oldest arterial road of Ernakulam Town was Chittoor Road, built by the Kochi Raja, connecting South Railway Station with Chittoor Temple via Pachalam. This road does not connect the southern or western part of Ernakulam district, especially Mattancherry, the main commercial hub for trade in spices, grains and pulses in those days; and Fort-cochin, the British quarter of Cochin. The British Resident felt the need of another major road that connects southern and western areas as well. In the year 1920, Sir Robert Bristow, the Chief Engineer, who conceived the new port of Kochi, announced his plans to create a new island from the Vembanad Backwaters between the mainland, Ernakulam and Fort-cochin Island. Willington Island is the largest artificial man-made island in India. The Island was reclaimed during construction of modern Kochi Port in 1936 by filling in dredged out soil around a previously existing, tiny Island called Venduruthy; while deepening the estuary region of Vembanad Lake to accommodate the new Kochi Port. The Kochi Port Trust, Kochi Naval Base (the Southern Naval Command of the Indian Navy,) Central Institute of Fisheries Technology and Marine University are the significant offices housed therein. A large aerodrome (present INS GARUDA) was constructed and used for civil aviation too until it was moved to present location at Nedumbassery in Kochi. The Island was named after the 1st Earl of Willington, the Viceroy of India at the time, who commissioned the project. Sir Robert Charles Bristow, the chief engineer for the project, owned the first building on the island. Willington Island links Kochi with other seaports of the world and hosts some of the state's best hotels, like Malabar Hotel, Casino hotel and Trident; other commercial establishments like Darraghsmail & Co and other industrial offices.

The Mattancherry and Venduruthy Bridges were built in 1940 by Sir Robert Charles Bristow. The spans of these two oldest bridges were built with steel across the Vembanad Lake. The central portion of the Mattancherry Bridge was built in steel and wood. The center span of the bridge is designed in such a way that it can be raised using a spring mechanism. These bridges were commissioned in 1943 and it was a part of NH-47 later. Now the archaic bridges are closed. Two wheelers and light motor vehicles alone are allowed to enter into the Mattancherry bridge.

Sir Robert Charles Bristow, foresaw the urgent need of a new road connecting the mainland and the new port island for transferring materials and for future cargo requirements. In 1923, plans for the new road were finalized. Work commenced, with the State of Cochin providing land for the same. The new 4 Km long road was seventy feet in width and hence named the “Seventy Feet Road.” It was opened to public in 1925. The road was connected to the newly formed port island – Willington, through a bridge and merged with Chittoor Road, near Kacheripady, where the Central Town offices of Kochi Kingdom were located. In the year 1972, “Seventy Feet Roas” was renamed as “Mahatma Gandhi Road or M.G. Road.” Today M.G. Road is one of the most important commercial roads in the city and one of the most congested roads in the state.

Infrastructure development, such as roads, bridges and railways helped a lot in the growth of trade, commerce and industry, apart from providing a source of employment to a large number of the locals. For example, M.G. Road played a significant role in the history of the modern city of Cochin, with several landmarks located at this stretch. Most Airline/Tour offices/travel agents like Air India, Sri Lankan Airlines, Singapore Airlines, Jet Airways, Saudi Arabian Airlines, Kingfisher Airlines, Sitas, ITC, GTL, S.O.T.C., and Cox & Kings have their offices in the Atlantis-Ravipuram area. Kochi is one of the most important gold shopping centers in India. Jeweler shops include Alappatt Heritage, Alappat Fashion Jewellery, Alappat Arcade, House of Alappat, Francis Alukkas, Kalyan Jewellers, Bhima, Malabar Gold, Tanishq, Geeri Pai, Thribhuvandas Bhimji Zaveri, Vanitha, Parakatt Jewellers and Paul Alukkas. Almost all national banks maintain their regional or main branches in this road. Regional offices of State Bank of India, State Bank of Travancore, Punjab National Bank, Union Bank of India, IOB, ICICI Bank, HDFC, Vijaya Bank, Dena Bank, HSBC, ICICI and Stanard Chartered Bank are located here. Branches of international banks like Standard Chartered, City Bank, HSBC and Oman Bank are also to be found here. The popular theatres like Shenoy’s, Kavitha, Padma and Deepa are located here. The significant textile shops placed here are Parthas, Vettukattil, Jos, Jayalakshmi, Park Avenue, Chennai Silk, Seematti and there are franchise of Loui Philip, Van-Husan, Levise, Lee and Peter England. Shoe shops like Bata, Puma, Motchi, Metro, Woodlands are here. The important hotels are Grand Hotel, New Woodlands, Avenue Regent, Mercy Tourist Home, Abad, International Hotel; and Woodlands, and Dwaraka are the important vegetarian hotels. There are shopping malls like Central Mall and multiplexes and several famous retail stores; hospitals like Medical Trust Hospital, Krishna Nursing Home, City Hospital and Madhava Pharmacy, are located here. The famous Cochin Shipyard is also located in MG Road and this Road was recently ranked one of the busiest and most expensive in the state of Kerala.

Road infrastructure in Kochi has not been able to meet the growing traffic requirement and traffic-blocks is a major problem in the city. A comprehensive transport development plan has been included in the Kochi Master Plan, hoping to improve transport infrastructure. The rapid transit system called the Kochi Metro is under construction and the first phase is expected to be completed by 2018. It is being extended to Kakkanad as well. In the next phase Kochi Metro is to be extended to Mattancherry-Fort-cochin (through Panampilly Nagar, Kadavanthara,) and Vypeen Islands (the western belt,) and Kumbalam (the southern region through  Kadavanthara South, Konthuruthy, Thevara, Nettoor, Panangad and Kumbalam.)

Most roads in Kochi are under the control of the City Corporation, State PWD and National Highway Authority. Many roads in the city follow a north-south direction with two main east-west corridors. A few more wide and straight east-west corridors have to be developed; from Vyttila (South) to Atlantis through the Chilavannur Bridge; from Kakkanad (Infotech) to Ernakulam (Market Road end) through Thammanam and from Anchumana (in NH-99/544) to Pachalam. Vyttila Mobility Hub would definitely ease the traffic congestion in the Kochi city. Boat services from the Mobility Hub area through inland-waters to Kumbalam and other deltan regions, Mattancherry and Fort-Cochin would be yet another tourist attraction.

Kochi is part of the north-south Corridor of India's National Highways System via the NH-17 the seventh longest highways in India, which connects Kochi with Mumbai, via Kozhikode and Mangalore on the western coast of India. The NH-66 (old NH-47,) originating from Salem, connects Kochi with cities like Coimbatore, Thrissur, and Palakkad. It also connects with the state capital, Thiruvananthapuram, terminating at Kanyakumari. NH–66B (old NH-47A is another highway, connecting Wellington Island at Kochi with Dhanushkodi in Tamil Nadu via Munnar and Madurai. There are two smaller National Highways, NH-47A, connecting Willington Island and NH-47C, connecting NH-47 to Vallarpadom Port Terminal from Kalamassery. NH-47 has a 17 Km-long bypass road connecting Aroor and Edappally Junction. The Kochi city is also connected with several state highways like SH 15, SH 16, SH 41, SH 63, SH 66. The state government has constructed an expressway, the Seaport-Airport Road that runs parallel to NH-47 bypass Road at Maradu junction, to Kalamasserry junction. The Phase II, proposes an alternate road directly to Airport. A second 2 Km-long four-lane road called Infopark Expressway has been constructed from Seaport-Airport Road to Infopark, which is planned to develop into a 15 Km-long east–west corridor in the future. The traffic congestion has necessitated the construction of flyovers at many key junctions on the national highways in Kochi. The works on Edappally and Palarivattom flyover has been completed. Flyovers at Vyttila and Kundannoor junction have also been sanctioned and work is in progress. Road Over Bridges (ROBs) shall be constructed at Atlantis and Ravipuram at Ernakulam without any further delay to ease the traffic congestion at Atlantis and Thevara Junctions.

          In 1975, the foundation stone for the construction of the 17 Km-long, National Highway-47 (NH-66/544) bypass roads and bridges, from Aroor Junction to Edappally Junction through Kumbalam, Maradu, Poonithura and Edappally Villages, was laid and the work progressed at a snail’s pace. Shortly thereafter, in 1981, the land acquisition for the construction of the Alleppy-Ernakulam Railway line (later extended to Thiruvananthapuram) too was started in 1981. The NH-47 Bridges at Kumbalam were opened to traffic on the 6th of June 1987 and the Ernakulum–Alleppy Railway, with a railway station at Kumbalam, was commissioned in 1988. At that time, the eight to ten feet wide sandy Kumbalam PWD Road was not motor-able. In order to take advantage of the new road transport facility through the National Highway-47, the road networks in Kumbalam Island too had to be widened and developed to make them motor-able. It was made possible with the co-operation of Islanders. Now Kumbalam is the main gateway to the Cochin commercial City for people in the southern districts of Kerala.
Excerpts from
NEED OF THE HOUR
By
Joseph J. Thayamkeril,
Lawyer, Cochin
josephjthayamkeril.blogspot.com
josephjthayamkeril.google.com

HARDSHIPS CAUSED TO ISLANDERS OF KUMBALAM AND SOLUTIONS



Due to indiscriminate land acquisition for NH roads and the Alleppy-Ernakulam railway line, certain areas at Kumbalam Island have become landlocked, preventing further development of roads. Certain wet lands have become waterlogged, making cultivation impossible. The remaining land after acquisition was scattered, making cultivation unfeasible. Those who were neighbours for generations became total strangers over a period of thirty to forty years, when land acquisition by the government forcibly separated them, either by a highway or a railway line with high embankments at a height of seven meters closer to the bridges. These severances remained a “Berlin Wall” between them. In such events, it is the bounden duty of both central and state governments to provide sufficiently wide road under bridges (RUBs with maximum vertical clearance,) road over bridges (ROBs) and wide drains, to alleviate the hardships and difficulties caused to them. An RUB with 3.5 meters vertical clearance on PWD Road at Kumbalam south-end was provided for the passage of light vehicles. This passage is insufficient and inconvenient and obstructs the flow of heavy trucks and Volvo buses from NH-47 at Kumbalam south Junction to northern areas of the Island. The RUB with 3 meter vertical clearance provided at the north end where the railway line cut across Panditji Road obstructs the passage of even trucks and ordinary buses to either sides of Panditji Road. Therefore, another wide RUB with 7 meter vertical clearance beneath railway line at Kumbalam north area close to Kumbalam-Nettoor bridge to take buses and lorries to either sides of the railway embankment is absolutely necessary. In order to avert water-logging, a wide drain too is a must connecting Thirunilath paddy fields on the western side of railway line with Tharamassery concrete drain on the eastern side at Kumbalam North (situated in between Re Sy. No. 19 and 20 under Block 15 of Kumbalam Village.) Moreover bus-bays on NH-66/544 shall be made on all bus stops at Kumbalam, Maradu, Poonithura and Edappally Vllages to avert major accidents on this highway. These are the need of the hour.

Excerpts from
NEED OF THE HOUR
By
Joseph J. Thayamkeril,
Lawyer, Cochin
josephjthayamkeril.blogspot.com
josephjthayamkeril.google.com

Friday, 20 July 2018

KOCHI METRO: COMPENSATION FOR LAND ACQUIRED; HARDSHIPS CAUSED TO TENANTS AND TRADERS; SUGGESTION TO IMPOSE LUXURY-TAX ON AMENITIES



COMPENSATION FOR LAND ACQUIRED: The Government of Kerala acquired land for widening roads as part of construction of Phase I of Kochi Metro from Aluva to Petta. The maximum compensation given was 52 lakh rupees/cent in Banerji Road and M.G. Road at Ernakulam and 29 lakh rupees/cent in Petta area at Poonithura. The land owners are satisfied with the compensation given to them.

Did the owners of adjacent lands surrender any portion of their land free of cost for the initial formation of these National Highways and State Highways? Are they paying any luxury-tax on their property? The main reason for the escalation of price of land in the Kochi city limits is only due to the huge investments made by the government for infrastructure development of National Highways and State Highways, Bridges and Railways. At the time of formation of these roads, these adjacent land-owners received compensation and now when additional lands required for the Kochi Metro was acquired they were given another compensation (lottery) from the government exchequer.

UNEXPECTED HARDSHIPS CAUSED TO TENANTTS OCCUPYING BUILDINGS AQUIRED FOR KOCHI METRO: Some of the land-owners got double lottery when the poor tenants occupying their dilapidated buildings and paying reasonable rent too were forcibly evicted from their premises. They are also getting a further advantage of the new infrastructural investments – Kochi Metro - for their remaining properties.

Many of the tenants occupying such building and premises were forcibly evicted and they were divested of their livelihood. Many of them have taken business loans from banks and other financial institutions; they are forcibly thrown into debt traps and dragged into litigations in court. Did the government compensate those hapless tenants at least on humanitarian grounds? It is also pertinent to note that many of these tenants have taken various cash credits and term loans for their business from banks and other financial institutions and they have been pushed into debt traps and dragged into litigations in court, for no fault of theirs. Why the governments fail to issue an ordinance, a moratorium on their loans?

IMPACT OF DEVELOPMENTAL SCHEMES ON TRADERS: Certain policies or developmental schemes of the government might land the debtors/loanees of banks and other financial institutions into great hardship, financial trouble and jeopardy. For instance, the central and the state governments ventured into the Kochi Metro Project and prohibited parking of vehicles on M.G. Road at Ernakulam and a few other areas on the route. The parking prohibition badly affected the business transactions and many of the business concerns lost their customers too. Some of the affluent businessmen shifted their business to NH-66/544 (old NH-47) and other new shopping malls located at Edappally and Vyttila. The poor sections in the business community are reeling under this inconvenience caused to them. The central and state governments should see that the banks should rephrase their loan installments reasonably for a longer period to enable them to repay their loans and/or the government should declare a moratorium on the loans otherwise the debtors and their families would face hard times.

IMPOSE LUXUARY-TAX: It is pertinent to note that the main beneficiaries on either side of National Highways or State Highways or other commercially important roads are not paying any luxury-tax for enjoying the benefits of such NH- Highways and State Highways and Kochi-Metro. Therefore, the government is fully justified in imposing reasonable luxury-tax, proportionate to their advantage, on land owners in the city limits. Imposition of luxury-tax would encourage people to work hard. Those who cannot afford to pay luxury-tax will be forced to transfer their properties. Properties in the city limits should change hands, creating opportunities for new entrepreneurs which would bring prosperity for the nation.

Excerpts from
NEED OF THE HOUR
By
Joseph J. Thayamkeril,
Lawyer, Cochin
josephjthayamkeril.blogspot.com
josephjthayamkeril.google.com

Thursday, 19 July 2018

PARTICIPATION IN INVESTMENTS BY NON-RESIDENT INDIANS AND OTHERS ON INFRASTRUCTURAL DEVELOPMENT PROJECTS



The Central Government of India and the State Government of Kerala finally embarked on a mega-infrastructural investment – Kochi Metro Project - to ease the traffic congestion in the city of Kochi at a cost of 5,000 crore of rupees (approximately 7.5 billion US dollars.)  Amazingly, the Government of Kerala decided to approach the Japanese and French banks to finance this project. Why the governments did not chose to float a public limited company (KOCHI METRO PUBLIC LIMITED) and sell its shares to Non-Resident Indians and the public at large?

“Remittances by NRIs to Kerala cross Rs 1 lakh crores. This includes money from all parts of the world,” Times of India News reported. Reserve Bank of India (RBI) data shows that there was a little over $115 billion in NRI accounts in India, which is about Rs 7 lakh crores. Kerala thus accounts for roughly a sixth of all the money deposited in NRI accounts.

          Experts say that these huge NRI deposits should be used for productive activities like infrastructure developments. Dr Mary George, a former member of the public review expenditure committee, said, “The government should float NRI bonds with attractive interest rates so that money does not flow into the hands of private financial groups, which are making huge profits while infrastructure projects in the state are in limbo due to lack of funds.”'

          At this juncture, I wish to draw your kind attention to another successful infrastructural investment, Cochin International Airport Limited, (CIAL,) at Kochi, which is the best example of participation by NRIs and others. The equity share issue was oversubscribed and nearly 10,000 Non-Resident Indians who invested Rs 10 per share for a stake in India's first Greenfield Airport 10 years back are a happy lot today. At present the share value of CIAL equity share is 350 rupees/share.

Among non-European countries colonized by Europeans during the last five hundred years, those that were initially richer and more advanced tend paradoxically to be poorer today. That’s because, in formerly rich countries with dense native populations, such as Peru, Indonesia, and India, Europeans introduced corrupt “extractive” economic institutions, such as forced labour and confiscation of produce, to drain wealth and labour from the natives. By extractive economic institutions, Mr. Darron Acemoglu, a Turkish American economist, and Mr. James A. Robinson, a British political scientist, the co-authors of a non-fiction book namely “Why Nations Fail: The Origins of Power, Prosperity, and Poverty,” mean practices and policies “designed to extract incomes and wealth from one subset of society [the masses] to benefit a different subset [the governing elite.]”

But in formerly poor countries with sparse native populations, such as Costa Rica and Australia, European settlers had to work themselves and developed institutional incentives rewarding work. When the former colonies achieved independence, they variously inherited either the extractive institutions that coerced the masses to produce wealth for dictators and the elite, or else institutions by which the government shared power and gave people incentives to pursue. The extractive institutions retarded economic development, but incentivizing institutions promoted it.

“Inclusive economic institutions…are those that allow and encourage participation by the great mass of people in economic activities that make best use of their talents and skills and that enable individuals to make the choices they wish.” For example, in South Korea but not in North Korea people can get a good education, own property, start a business, sell products and services, accumulate and invest capital, spend money in open markets, take out a mortgage to buy a house, and thereby expect that by working harder they may enjoy a good life.

The economic institutions should be able to instill confidence in people and should motivate people to become productive by giving protection of their private property rights, predictable enforcement of their contracts, opportunities to invest and retain control of their money, control of inflation, and open exchange of currency. if there is proper incentives they would definitely invest in such government projects like Kochi Metro Project.

Excerpts from
NEED OF THE HOUR
By
Joseph J. Thayamkeril,
Lawyer, Cochin
josephjthayamkeril.blogspot.com
josephjthayamkeril.google.com

Monday, 16 July 2018

ROAD TRANSPORT: PROBLEMS AND SOLUTIONS



THE MOTOR VEHICLES ACT & RULES: In our country we have effective laws for the transportation of goods and transportation of people. Licensing requirements and safety regulations ensure a separation of the two industries. The nature of road transportation of goods depends, apart from the degree of development of the local infrastructure, on the distance the goods are transported by road, the weight and volume of the individual shipment, and the type of goods transported. People are transported on roads either in individual cars or in mass transport by bus or other luxury coaches. Special modes of individual transport by road such as by-cycles, scooters, motor-bikes and auto-rickshaws may also be locally available. There are also specialist modes of road transport for particular situations, such as ambulances.

TRAFFIC RULES: we often notice violation of Traffic Rules with impunity. We often see the two or three wheelers travelling on the fast tracks on the National Highways in Kerala; they even overtake rashly and negligently from left or right suddenly and without any signals or notice. The buses wait at stops till their rival arrived and then sped up their vehicle at a rash and negligent speed to keep up their time schedule at the detriment of smaller vehicles and pedestrians. They often hit and run unless somebody blocks their forward movement; they dare it because some of them have godfathers in the police department. Even drunkards drive their vehicles zigzag on the roads. To avoid accidents caused by fatigue due to sleeplessness, truckers have to keep to strict rules for drive time and required rest periods. Another way to avoid accidents is to engage two drivers per truck to ensure uninterrupted transportation; with one driver resting or sleeping in a bunk in the back of the cab while the other is driving. Driving licences shall be issued strictly in accordance with law. Imposition of heavy penalties is the only solution to check rash and negligent driving on roads and other traffic rule violations. We lack sufficient police forces, and those with character and integrity, to implement and enforce the laws. Governments shall look into the matter and do the needful.

REPAIR AND MAINTENANCE OF ROADS: It is significant to maintain roads properly and in good condition. It not only averts traffic congestion and accidents but also saves fuel and wear and tear of vehicles. We experience six months long monsoon rains and therefore the tarring or concreting shall be done nicely to withstand it and side canals shall be provided on sides to drain rain-water.

TRAFFIC CONTROL: It is significant to number the main avenues and streets in cities municipalities and Grama Panchayats. There should be signboards with directions and distances, written both in English and the local language, at all junctions on the national highways, state highways and other roads. The State PWD and National Highway departments should take necessary steps to execute this to help the travelers, especially those who drive at night. Traffic control lights, signs, signals or pavement markings too are important. They help the driver navigate; they assign the right-of-way at intersections; they indicate laws such as speed limits and parking regulations; they advise of potential hazards; they indicate passing and no passing zones; and otherwise deliver information and to assure traffic is orderly and safe. The traffic control devices employed in developed countries shall be adopted for smooth traffic.

GPS SYSTEM: The Motor Vehicles department should make travelers especially the drivers aware about the availability and use of the satellite-based navigation system namely Global Positioning System (GPS) in the inter-net. The GPS renders adequate help in navigation. It gives the map of roads or paths available; traffic congestion and alternative routes; roads or paths that might be taken to get to the destination; if some roads are busy the best route to take; the location of food, banks, hotels, fuel, airports or other places of interests; the shortest route between the two locations and the different options to drive on highway or back roads. The GPS would also help 24x7 live location tracking of your vehicles/assets and people. 

LACK OF WIDE BELL-MOUTHS: All the junctions on the National Highways and State Highways shall have wide bell-mouths to provide a free left turn to avert traffic congestion on those main roads. Probably political and parochial considerations create hurdles for developments. The south-west and north-west corners in NH-66/544 (old NH-47) at Palarivattom; north-east corner of Hotel Bimbi’s and north-west corner of Paramara Temple; either side of the entrance to M.G. Road from Banerji Road, Junctions on MG. Road at Ernakulam, and NH-47 Kumbalam Junction area are glaring examples. Lack of wider bell-mouths and lack of bus-bays always create congestion in such areas. The District Collector, and the Secretary, Corporation of Kochi, as advised by the NH and P.W.D. authorities, shall take advance possession of such areas and other ear-marked areas required for bell-mouths and develop it to avoid congestion on such areas.  
ERECTION OF NOISE/SOUND BARRIERS ON NATIONAL HIGHWAYS AND RESTRICTION ON HOARDINGS BY THE SIDE OF NATIONAL OR EXPRESS HIGHWAYS: Bruce Donohue, a landscape architect in Westport, Connecticut, was aware of the effects that prolonged exposure to highway noise can bring problems. One summer when he was a student, he recalls, “He was painting a house along Interstate 95 in Stamford, and he noticed that he was tense. He noticed that the women in the neighborhood were irritated. They were screeching at the kids, and the kids were raucous. The whole neighborhood was irritable and irritated.” Road noise does not damage the hearing of people who live close by, but it seems to cause physiological and psychological stress, with results that include nervousness, difficulty in sleeping, and elevated heart rates. When National Highway-47 was opened for traffic the Islanders of Kumbalam Village who live by the side of National Highway too rakes such complaints of irritation to them and their household. 

It is significant to develop National Highways and State highways with gradual, easy curves, generous separation of opposing lanes, and much-needed restrictions on billboards or hoardings.

I have noticed noise barriers along modern highways in the developed countries like U.S.A., while travelling by car from New York to Washington in 1997. Walls at a height of three meters with a myriad of designs were erected on Express-Highways to shield abutting residential neighborhoods from the sound of heavy traffic, said Mr. Jerry George Chirayil, Hicks Villae, 63, Nevada Street, Long Island, New York, (nephew of my eldest brother-in-law, Alexander Vachaparampil at Edappally,) who took us from New York to Washington. Mrs. Ann Zachariah, one of our favourite aunts and a former teacher of UN International School at New York with whom we were staying in Water-side Plaza at Manhattan, told us that  California state started the erection of noise barriers and most of the Federal States too adopted regulations requiring that whenever a state builds, expands, or realigns a federally funded highway, an attempt be made to curtail excessive noise that would otherwise be inflicted on sensitive neighbours, such as schools, hospitals, and residential areas. Some of the European countries like                           Denmark and Netherlands have adopted it. It is advisable to adopt reflection of such noise barriers.

TOLL PLAZA IN NH66/544 (Old NH-47) AT KUMBALAM is another area we experience traffic-jam. The NH authorities shall take the advanced technology and employ electronic equipments to avoid the delay in check and collection at the toll plaza to avoid the delay. The NH at Toll Plaza Region has also to be widened to provide additional passages to avoid long queues.

ILLEGAL ERECTION OF BUNK SHOPS BY CIVIC ADMINISTRATIONS ON PAVEMENTS AND ROAD MARGINS: Isn’t the government and civic administration competent to put up or allot bunk shops on the pavements and public road margins? The Supreme Court of India by its various judgments reported in Bombay Hawker’s Union Vs Bombay Municipal Corporation AIR 1982/5 SC 1206; Sodan Singh Vs New Delhi Municipal Committee AIR 1988 SC 1988 and Soudan Singh Vs N.D.M.C. AIR 1992 SC 1153, held, “Footpaths or pavements are public places, which are intended to serve the convenience of the general public. They are not laid for private use and indeed, their use for private purpose frustrates the very object for which they are carved out from portions of public streets. The main reason for laying out pavements is to ensure that the pedestrians are able to go about their daily affairs with reasonable measure of safety and security. That facility, which has matured into a right of the pedestrians, cannot be set at naught by allowing encroachments to be made on the pavements.” The Supreme Court unambiguously held that erection of bunk shops on pavements infringe the right of passage of pedestrians.  Due to such obstructions and hindrances, pedestrians are compelled to walk on the road thereby causing accidents and traffic blocks. Despite the judgments the malpractice is still going on unabated; and civic administrations violate the law with impunity. We still find a lot of bunk shops in Kochi city especially in important junctions causing traffic blocks and infringement of the right of passage of pedestrians. Recently the Kumbalam Grama Panchayath has allotted a number of such bunk shops on political and parochial considerations flouting the judgments of the Supreme Court. All such bunk shops are to be removed realizing that they are against the interest of common man. I have noticed some of these bunk shops on waysides selling opium locally called Ganja, toffees mixed with Ganja and other intoxicating drinks including chemical drugs and spoil especially life of youth and minor children. The Municipal corporations/Municipalities/Panchayath, P.W.D and National Highway authorities shall remove such bunk shops and other obstructions on the roads, pavements and road margins forthwith.
                         
At this juncture, it is significant to note that it is not possible for any government to provide jobs to every citizen of this country. But it is the bounden duty of the government to ensure everyone has a reasonable income for a decent living. The poor hawkers of this country too have a fundamental right under Article 19 (1) (g) of the Constitution of India to carry on any profession, trade or business to eke out a living, subject to restrictions made under 19 (6) of the Constitution. The poor hawkers cannot afford to take any building or premises on rent for their business. When the government takes away or restricts their fundamental right, it is the duty of the civic administration and government to provide infrastructural facilities near bus-stands and railway stations or other important areas to such persons free of costs. While allotting such areas the civic administration shall ensure that such allotted areas shall not obstruct the traffic and also shall not affect the beauty of the landscape. The fund for the development of such areas shall be raised by progressive taxation.                    

PROHIBITION OF POLITICAL MEETINGS ON PUBLIC ROADS, AND ROAD MARGINS; AND POLITICAL OR RELIGIOUS FESTIVAL PROCESSIONS BLOCKING TRAFFIC:   While holding public meetings on the roads and road margins, the political parties do not realize that they are inconveniencing the common man. Religious festivals like Pooram of Mahadevan Temple at Thrissur and Attukal Pongala in Devi Temple at Thiruvananthapuram and other religious processions in connection with Church or Mosque festivals were widespread blocking the way. The police and other authorities even failed to take lessons from the terrible tragedy that happened in Bharananganam, killing three persons and injuring fifty others when a vehicle ran into a religious procession. Public meetings were held frequently by erecting ‘panthal’ and by spreading chairs on tarred road in the busy junction at Aluva Railway Station, which is opposite to the State Road Transport Bus Stand. This has caused road block for a long time and prevented public access to the Railway Station. This episode at Aluva was challenged by a local resident before the High Court of Kerala as illegal and in flagrant violation of fundamental rights of the citizens under Articles 19 (1)(d) and 21 of the Constitution of India. Justice Mr. C.N. Ramachandran Nair and Mr. P.S. Gopinathan, former judges of the High Court of Kerala, while disposing WP(C) No. 32429 /2011 (S), struck down 5(1)(c) of the Kerala Public Ways (Restriction of Assemblies and Processions) Act, (which was introduced to neutralize the earlier judgments of the High Court of Kerala and the Supreme Court reported in 2010 (3) KLT 757 and the order of dismissal dated 6-1-2011 passed in S.L.P. (C) No. 35169 / 2010 of the Supreme Court of India,) as violative of fundamental rights under Article 19(1)(d) and Article 21 of the Constitution of India. The High Court of Kerala also prohibited the granting of any permission for holding any public meeting on public roads or road margins by the police or other authorities. By virtue of the Full Bench judgment of the High Court of Kerala, which was confirmed by the Supreme Court of India referred to above, the Police should ensure that religious processions occupy only one side of the road without affecting vehicular traffic.                             

NECESSITY TO BUILD A PARALLEL NATIONAL HIGHWAY IN GREATER COCHIN AREA: In the Greater Cochin Area, the commercial capital of Kerala, traffic has increased rapidly causing traffic jams often during peak hours, 8 A.M to 8 P.M. It is time to build eight line traffic on the NH-66/544 (old NH-47.) But it is not advisable to acquire land paying heavy compensation to adjacent land owners. In order to avoid undue delay in acquisition and payment of heavy compensation, and also to help the development of satellite townships; I would suggest a parallel Express-Highway with international standards (with four line traffic immediately and provision for development of another four line traffic in future and wide service roads, bus-bays, flyovers on either side) a little away on the eastern part of the present NH-47 from Chalakudy (Trichur) to Thuravoor (Alleppy) passing through Nedumbassey, H.M.T. area, Kakkanad, Irimpanam, Udayamperoor, Perumbalam, Poochakkal and Thuravoor.)

BUILDING  RULES: There are already provisions in the Building Rules to leave 7 meters open space from roads and 45 meters from a railway line. The intention of the legislature “to leave open spaces on either side of roads and railways” is future expansion of these infrastructural facilities. In developed countries they do not encourage the culture and civilization of building educational institutions, hospitals, government offices and other commercial establishments to come up alongside an express-highway or railway line. Even the existing institutions won’t be given any direct entry into the highway and there will be noise/sound barrier on the waysides of such existing institutions. You find only petrol pumps with amenities like large parking area, clean and tidy comfort stations and a cafeteria to cater the passengers on their highways. The towns/cities would always be little inside from such highways. There are hardly any junctions; a flyover takes your vehicle to the other side of the road. There will be arches on the express-highways depicting proper directions and/or advance information like approaching petrol pumps, towns/cities, flyovers, and traffic lights. Here, in India, the situation is quite different. The political bosses and the civic administrations permitted people to build multi-storied apartments, huge shopping-malls and other commercial buildings by the side of national highways in flagrant violation of the Building Rules, if their palms are nicely greased. Many of them do not leave necessary open spaces for even car-parking. The customers park their vehicles on the highways and queue up on roadsides to buy things. Some of our people are freedom drunk; they do business on highway-sides and service roads. Varied workshops mushroomed alongside our highways. Some mechanics park heavy trucks and other four wheelers on the sides of highways and service roads to do their repair and maintenance work blocking the passage. Some of these workshops do not have side coverings; they work all through day and night, blazing powerful lights; and using heavy electrical gadgets without any licence. They spill the waste oil and that percolates into the ground-water and spoil the potable water in the nearby wells. Some of them do not have sanitation facilities and pollute the environment. Some of our people think highway-sides are the place to dump wastes. Some of them stupidly stack building materials and articles for rent on waysides permanently blocking the way. The police also do not book such blatant wrong-doers. The political leaders and bureaucrats of our country often visit developed countries and they are aware of the developments in those countries. But their political, communal and parochial considerations made them hind-sighted. A leader at the helm of a revolutionary political party made an insincere demand, “Every house by the side of the new Express-Highway shall be given direct entry into it.” His eyes were riveted on vote-bank and power. Some portions of our national highways still pass through major towns/cities like Angamaly. It is significant that National Highways shall bypass towns/cities; they are meant for speedy transportation of goods and passengers.

AMENDMENTS PROPOSED TO BUILDING RULES (KERALA): The government shall make necessary amendments to the Building Rules incorporating - 1. Prohibiting further constructions or developments en-route the sides of National Highways and Express-Highways. 2. Directing to leave an open space of 15 meters from National or Express Highways; 10 meters from  state highways and 7 meters on other roads; and one-half of such open space shall be surrendered free of costs for widening the roads and  the rest alone shall be retained by the owner for parking. 3. Granting exemption in floor area ratio of the Building Rules, while constructing their building, to those who surrender or have surrendered land free of costs to government or civic administration for widening of the roads/drains. (This will definitely help in the expansion of roads.) 4. Licences granted shall be cancelled to those commercial and industrial establishments which do not have adequate parking and other sanitation facilities. 5. Incentives may be given to those buildings erected only to facilitate parking vehicles like tax rebates on such buildings.

Excerpts from
NEED OF THE HOUR
By
Joseph J. Thayamkeril,
Lawyer, Cochin
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