As per the undertaking before this Court, the Formula 4 street race event shall be conducted on 31.08.2024 and 01.09.2024 as per the schedule fixed by the Government, subject to obtaining FIA certificate to be issued by the authority concerned and the same shall be obtained on or before 12.00 noon on 31.08.2024. The certificate issued by FIA shall be communicated to the learned counsel for the petitioner through e-mail. We also make it clear that failure to obtain the FIA certificate/licence within the time stipulated, the event shall not be conducted as per the schedule. Acj Dkj Pbbj
W.P.No.25228 of 2024
and WMP.No.27551 of 2024
THE HON’BLE ACTING CHIEF JUSTICE
AND
P.B.BALAJI, J.
(Order of the Court was made by Hon’ble Acting Chief Justice)
This Writ Petition has been filed for a Mandamus directing the respondents not to conduct the proposed Formula 4 Street race scheduled to be held from August 31st to September 1st 2024 within the city limits of Chennai.
2. Mr.V.Raghavachari, learned Senior Counsel appearing for the petitioner relied upon Section 115 of the Motor Vehicles Act, 1988 which requires for publication in the Official Gazette for closure of the road and no such notification has been issued to conduct Formula 4 Street Race in the aforesaid location. It is further contended that Chapter IV of the Tamil Nadu Motor Vehicles Rules deals with power to grant exemption by registration of the vehicles and such exemption can be granted only if public interest is involved or causes any undue hardship to a particular individual. According to the petitioner, conducting of the event in the aforesaid location is not in the interest of public and further contended that Federation International De I' Automobile (FIA) is the authority competent to grant certificate/licence to conduct the race on the race track and without getting FIA Certificate, the event has been organized on 31.08.2024 and 01.09.2024 and also relied upon Rules 131 of the Tamil Nadu Motor Vehicle Rules, 1989.
3. The learned Senior Counsel for the petitioner further contended that the Corporation of Chennai is authorised to handover the roads to any private body for conducting the event by the private individual / seventh respondent and that Motor Vehicles Act was brought into force to ensure safety of the citizens and also to ensure that the vehicles that ply on the road are to follow the norms prescribed under the Act and if any vehicle that fails to follow the norms are deemed to be vehicle that are strict not “street legal”. It is further contended by the learned Senior Counsel that the Formula 4 vehicles are designed aerodynamically to drive at high speeds and are fitted with homologated engines, which are meant to be driven on a race track and these cars could reach a top speed of 240 Km/hr, which is extremely hazardous and could lead to catastrophic consequences. It is further submitted that the proposed race is purported to be conducted in the street circuit format which would require closure of multiple public streets and the 3.7 kms long track necessarily crosses Flag Staff Road, Anna Salai, swami Sivananda Salai, Napier Bridge and Kamarajar Salai and all the above mentioned roads are major roads connecting hot-spots across the city and are public roads frequented by a large section of the population of the State and it is obvious that the said closure despite granting alternate diversions would cause undue hardship to the individuals that utilize the said roads on daily basis and so far, the State has not taken any care towards the preparation of the race and they have failed to put out safety measures or control the traffic while putting the superstructures on the streets of Chennai for the proposed race.
4. The learned Senior Counsel for the petitioner also contended that the proposed track has not been chosen fit for conducting the race and as per the FIA Licenced Circuits as enclosed in the typed set of documents, where Hyderabad circuit has been shown in the list and Chennai has not been specified and without getting proper licence / Certificate from FIA, the respondents are making all necessary arrangements to conduct the said Formula 4 Race Street Race on 31.08.2024 and 01.09.2024 and also raised other grounds in the present writ petition. The learned Senior Counsel for the petitioner further contended that before the earlier Division Bench which passed the order dated 19.02.2024 in W.P.Nos.33687 of 2023 etc., the present contentions raised by the petitioner in the present writ petition have not been raised. It is further contended that the directions passed by the earlier Division Bench of this Court has not been complied with by giving necessary safeguards to the public, especially to the Rajiv Gandhi Government Medical College, and Omanthurar Multi Speciality Hospital and therefore, prays for appropriate orders.
5. Mr.P.S.Raman, learned Advocate General appearing for the State would submit that insofar as the allegation that they have not obtained any certificate/licence from FIA, to that extent, undertakes that the aforesaid authority (FIA) will inspect the track during the course of time on or before 12.00 Noon on 31.08.2024 and after inspection and satisfaction of all the requisite conditions, the FIA certificate will be issued and only based on the certificate issued by FIA, the event will be conducted on 31.08.2024 and 01.09.2024. Insofar as the next contention of the learned Senior Counsel for the petitioner that the grounds raised in the writ petitioner for violating the provisions of the Motor Vehicles Act is concerned, to that extent, the Commissioner of Corporation has power to grant NOC to the Sports Development Authority for conducting the aforesaid events and notification is not required and only if it exceeds one month, notification is required, otherwise publicity is sufficient for such conduct of the events in the aforesaid locations.
6. The learned Advocate General further submitted that the other issues regarding the conduct of event in the aforesaid location was elaborately argued in the writ petition by the petitioner therein before the earlier Division Bench and directions were passed by this Court and challenging the order of the said Division Bench, an appeal has been preferred by one of the parties in the aforesaid writ petitions and the matter went upto the Hon'ble Supreme Court, wherein an interim stay dated 17.05.2024 has been granted only with regard to Paragraph 22 (iv) of the Division Bench order dated 19.02.2024, which has been placed before us and another request has been made before the Hon'ble Supreme Court in view of the urgency, but it was declined and therefore, according to the learned Advocate General, the issue is subjudice before the Hon'ble Supreme Court.
7. Insofar as the compliance of the earlier directions of the Division Bench of this Court, the learned Advocate General undertakes to file an affidavit before this Court to ensure proper safety to the public as well as to the patients who reach the Government Rajiv Gandhi Hospital and Central Railways Station as well as to other different places. To that extent, the Deputy Commissioner of Police Traffic (East), Anna Salai,Chennai-600 002 / fifth respondent has filed an affidavit stating that Ambulances and other vehicles leading to Omandurar Multi Specialty Hospital will in no way be affected and will ply as usual without any diversion and furthermore, additional police personnel will also be deployed near the hospital Gate to prevent any traffic congestion and ensure the smooth passage of vehicles entering the hospital. The Director of Medical Education and Research, Chennai has also filed an affidavit ensuring that there will be no hindrance for ingress and egress to the vicinity of Omandurar Multi Specialty Hospital and Rajiv Gandhi Hospital.
8. The learned Advocate General has submitted that oral concurrence was received from nearby residents of Swamy Sivananda Salai, Annai Sathya Nagar Residents, SM Nagar Residents, the headquarter office of Dakshin Chitra and Army quarters on Flag Staff Road and the residents are permitted to walk in the designated areas to reach their destinations and to ensure a smooth and safe experience for all, the Greater Chennai Traffic Police have implemented a comprehensive traffic management plan including diversions, parking facilities and development of police personnel.
9. The learned Advocate General has placed on record, the communication dated 23.08.2024 addressed by the Member Secretary, Sports Development Authority of Tamil Nadu, Chennai to the Additional Chief Secretary to Government, Youth Welfare & Sport Development Department, Chennai, informing that all necessary safety measures and precautions have been ensured for the smooth and successful conduct of the racing festival and obtained No Objection Certificates from all the relevant authorities. It is further stated in the communication that after completion of the construction of Grand Stand for the spectators, a stability certificate and fire safety certificate will be obtained for the same along with other erected structures from the Public Works Department and Fire Department.
10. In reply to the said communication, the Additional Chief Secretary to Government, Home Department sent a letter dated 28.08.2024 to the Member Secretary informing that in exercise of the powers conferred under Section 189 of the Motor Vhicles Act, 1989, the Government has accorded consent and permission to Mygale FIA F4 cars to take part in a race between the roads of Sivanandha Salai, Anna Salai, Napier Bridge (New Bridge), Flag Staff Road and Island Grounds on race days i.e on 31.08.2024 & 01.09.2024 (Race timings 4.00 pm onwards), for the conduct of Formula 4 Indian Championship and Indian Racing League Mega Event at Chennai subject to condition that the said race would be conducted as per norms/standards of formula 4 racing. The said proceedings are placed on record. In the aforesaid communications, there is no mention about FIA certificate to be obtained for conducting the aforesaid event. The learned Advocate General has accepted that the said certificate will be obtained from FIA before the event and the event will be conducted as per the directions passed by this Court.
11. On considering the said submissions, we are inclined to pass the following interim order:(i) As per the undertaking before this Court, the Formula 4 street race event shall be conducted on 31.08.2024 and 01.09.2024 as per the schedule fixed by the Government, subject to obtaining FIA certificate to be issued by the authority concerned and the same shall be obtained on or before 12.00 noon on 31.08.2024. The certificate issued by FIA shall be communicated to the learned counsel for the petitioner through e-mail. We also make it clear that failure to obtain the FIA certificate/licence within the time stipulated, the event shall not be conducted as per the schedule.
(ii) As per the undertaking affidavits submitted before this Court today by the Deputy Commissioner of Police Traffic (East), Anna Salai, Chennai and the Director of Medical Education and Research, they shall ensure that there shall be free flow of traffic in the diversion routes, without causing any inconvenience to the patients and general public, especially proceeding towards Rajiv Gandhi Government Medical Hospital, Omandurar Government Multi Specialty Hospital and Central Railway Station.
(iii) The authorities concerned shall ensure strict compliance of the Para 22 Clause (ii) of the directions of the Division Bench of this Court dated 19.02.2024 made in W.P.Nos.33687 of 2023 etc., and any violation of the aforesaid directions will be seriously viewed by this Court.
12. Post the writ petition for final disposal after six weeks. In the meantime, the respondents are directed to file their respective counter affidavits and all the contentions raised by the parties including maintainability shall be decided at the time of hearing of the writ petition.
[D.K.K., A.CJ.] [P.B.B.J.]
29.08.2024Internet: Yes/No
Index : Yes/No
Jvm
Note: Issue Order today
THE HON’BLE ACTING CHIEF JUSTICE
and
P.B. BALAJI, J.
Jvm
W.P.No.25228 of 2024
29.08.2024
