Charanjeet Dudeja vs Government Of Nct Of Delhi And Ors.
2002 Latest Caselaw 481 Del

JUDGMENT

A.K. Sikri, J.

1. The petitioner who claims himself to be a 'public spirited person' has brought to this Court, by way of this writ petition filed in public interest, the problem of illegal squatting as well as encroachment on the foot-path and roads of Chandni Chowk area resulting into traffic jams as well. The grievance made in me writ petition, in the nutshell, is that non-squatting zones and non-parking areas indicated in the vicinity of Chandni Chowk have been used for huge parkings and also used by the vendors for vegetables and fruits sellers. It is stated in the petition that in the following areas, in particular, huge parking and squatting is taking place:

 (i)     Link Road of New Lajpat Rai Market from Red Fort Main Road to Hanuman Mandir Esplanade Road, Chandni Chowk along with Jain Sports Club. 
 

 (ii) Link Road of South side of New Lajpat Rai Market from Red Fort Road Main to Esplanade Road Cycle Market End along withParade Ground of Red Fort. 
 

 (iii)   From Cycle Market Police Beat (P/S Kotwali) end of Chandni Chowk on Esplanade Road up to end of Parade Ground Red Fort. 

 

 (iv)  All fruit and vegetable squatters in the centre of road on Esplanade Road along with parade Ground of Red Fort.  
 

2. The petitioner has also placed rough site plan as Annexure-A indicating therein the areas which are declared non-squatting/non-paking zones. He has also filed photographs of the site showing such congestion. The petitioner has further stated in the petition that no concrete steps are taken by the respondents to tackle the menace. He observed, with great dismay, that the crane of the respondent Nos. 1 to 4 used to come and the officials of the respondents count the vehicles parked in the non-paking zones, and returned back with their crane after approaching some shopkeepers without taking any action with respect thereto for the reasons best known to them. Not even a single vehicle was touched or towed away for having parked in the area meant for non-parking zones. Furthermore, even the squatters were not asked as to how and why they were conducting their business of selling vegetables and fruits in the area declared as non-squatting and the same acts were repeated that the officials contacted some squatters went away quietly without any objections having been raised with respect thereto.

3. Notice of the petition was issued to the respondents which includes police authorities as well as Municipal Corporation of Delhi. The respondent-MCD filed counter-affidavit dated 26.3.2001 wherein it is mentioned that the Hon'ble Supreme Court is seized of the matter regarding squatting and on 1.5.1997 Hon'ble Supreme Court had passed the following order in Gainda Ram and Ors. v. M.C.D. and Ors., which is :

"2. (d): A fresh exercise is ordered to be carried out by the Municipal Corporation of Delhi to identify new approved squatting sites in all the Zones. The Zonal Heads, Administrative Officers of the Zone, representatives of the Traffic Police and two or three representatives of the hawkers of the Zones selected on randum basis, shall identify fresh squatting zones so that squatters are properly rehabilitated and not simply uprooted to deprive them of their livelihood.

(e) After finalising that list of......approved squatting zones fresh preference applications shall be invited and thereafter allotments be made first in accordance with preference applications..."

4. It is further stated that after the passing of the aforesaid order Zonal Committees were constituted by the MCD in all its 12 Zones which undertook the work of identification of squatting sites. By order dated 13.4.2000 the Supreme Court again directed MCD to complete the work of identification of squatting sites. By another order dated 28.7.2000 the Supreme Court directed the MCD to file an affidavit stating the squatting and non-squatting sites identified by the Zonal Committee along with a map showing the squatting area in 'Green' and non-squatting area in 'Red'. It is also stated that requisite affidavit was filed in the Supreme Court and thereafter by order dated 4.8.2000 the Supreme Court accepted the same and directions were issued to permit squatting in the areas marked in 'Green'. Again on 1.12.2000 the Supreme Court gave general directions to MCD to complete the work of allotment of sites in the identified squatting areas. From this,

it was argued by learned Counsel for the MCD that the matter regarding the squatting zones in the entire Delhi in seized of by the Supreme Court.

5. In view of the aforesaid stand and particularly when the matter is pending before the Apex Court which is monitoring the case as well, it is not necessary for us to go into this aspect in the present writ petition.

6. The only problem, therefore, which is left is regarding the encroachment on the footpath by the shopkeepers who keep their goods on foot-path as well as in the varandas thereby blocking the free passage as well as unauthorised parking of vehicles on the road site leading to traffic jams. Counsel for the petitioner filed further photographs on 16.8.2001 showing the congestion and traffic jams. On this, report dated 20.8.2001 was filed by then Standing Counsel, MCD, suggesting the measures to be adopted for tackling the traffic congestion and related problems in the area in question i.e. Chandni Chowk area. He proposed in his report the following short term measures for resolving the traffic congestion:

 (1)    The entire Esplanade Road be declared as "No Parking" with zero tolerance of any unauthorised parking, or even stopping to vehicles (except for the passengers of driver-driven vehicles to a light from their vehicles). 
 

 (2)    In addition to towing of vehicles by mobile cranes, sticker challan system should be strictly enforced, since the process of towing, one vehicle at a time is time-consuming, and cannot be effectively used to deal with the large number of vehicles as are actually being parked by the shop-keepers, residents and visitors in addition to LGVs. The challans should have a direction to the vehicle owner forbear from parking in the area in future. 
 

 (3)    Two Traffic Constables be posted in the location from 9 a.m. to 6 p.m. In the event of repeated offence or violating the "No-Parking" rule, the driving licenses of offenders be punched, in addition to imposing compounding fee of Rs. 500/- for disobedience of lawful directions of public servant under Sections 132 and 179 of the M.V. Act referred to in the previous paragraph. 
 

 (4)    The entry of MGVs shall remain totally barred. The LGVs should be permitted to enter only before 8 a.m. and after 8 p.m. The presently-prevailing system of permitting LGVs to enter between 11 a.m. and 5 p.m., should be discontinued. 
 

 (5)    Though cycle rickshaws are a part of the milieu of Chandni Chowk and reflecting its culture, however, the total number of cycle rickshaws is unmanageably large. Moreover the unlicensed or duplicate licensed rickshaws are far exceeding the authorised ones. Because of the high volume of foreign tourists and a distorted picture gets conveyed to the visiting tourists and thereafter through them by the word of mouth all over the world. It is necessary to drastically reduce the number of cycle rickshaws which will be permitted to ply in the Chandni Chowk area. 
It is suggested that as an interim measure only 500 of 1000 rickshaws be granted permission to ply in this area, and rates be fixed from point to point. 
 

 (6)    Preferably some novel and attractive designing with special colour be specified for rickshaws to be used in Chandni Chowk area and rickshaws coming from other parts of the city or the additional rickshaws disallowed from this area, should be shifted elsewhere. Single decker mini buses with seating inside and open seating on top along the lines of tourist buses in some foreign countries and as also recently introduced in Chandigarh, may be adopted for point to point travel. The body of the buses, can be used for advertisement/sponsorship, and the travel can be made free (or can be kept at token amount of Rs. 1/- flat rate so as to discourage urchins/idlers from monopolizing the seats in the bus). 
 

 (7)    Goods carriage rickshaws found plying between 8 to 11 a.m. in the
morning hours and between 5 to 9 p.m. in the evening hours, should be
liable to action for cancellation of license, and MCD mobile squad along
with support staff provided by the Local Police should be maintaining
proper check at all the crucial points. 
 

 (8)    MCD staff should remove the vegetable vendors shown in the photographs. At those locations, eligible persons should be allowed to hawk for a few hours every day before 9 a.m. and after 6 p.m., subject to the same being permissible in terms of Hon'ble Supreme Court orders on "hawking".  
 

 7. The report also suggests following long term measures: 
   

 (1) One way traffic arrangements either for all vehicles or for slow moving vehicles such as rickshaws will have to be considered. Vehicles will enter from Red Fort and move clock-wise. 
 

 (2)    Cycle rickshaws be permitted to only move clock-wise while order vehicles move anti-clock-wise, considered in the context of Red Fort of Fatehpuri. This will keep the right lane for fast traffic. If motorist wants to be dropped mid-way, he comes from Railway Station side in anti-clock-wise direction. May be he has to travel extra one two furlongs but that is the traffic de-congestion norm now-a-days. For residents of the area wanting to come from Fatehpuri to Red Fort side without going around from Railway Station there can be sponsored mini-bus just Rs. 1/-or free even. 
 

 (3)    The possibility of having two lanes, one for slow moving vehicles and another for fast moving vehicles of either side on each side will have to be tried out. 
 

 (4)    On the main Chandni Chowk Road, the location of electric transformers next to the foot-path and on the ROW after every 100 yards or so, are

proving to be serious bottlenecks. Either the entire area between two transformers becomes useless for the traffic, or is consumed by parking of vehicles. Once these transformers have to be driven around, the same results in disrupting the even flow of traffic on the remaining portion on the road/ROW, since the rickshaws and other vehicles while going around transformer, effectively put a stop to the smooth flow of traffic and this also encourage the possibility of vehicles scraping against each other resulting in injury or damage apart from the disruption of the traffic as a result of frequent altercations. These transformers be placed on cantilever support at 9ft. height with pillar only on thefoot-path side leaving the road level free for movement. The space between the pillars can be used for putting up a small advertisement plate to recover the cost of steel support for cantilever structure.

(5) The parking arrangements have to be enhanced. On Church Mission Road by addition of a ramp, the parking of more than a thousand vehicles will be possible at the top level of existing multi-land parking (of course subject to load bearing capacity of the top most floor).

 (6)    Certain other parking areas have to be also developed into multi-level parking. 
 

 (7)    In order to discourage the persons bringing their own vehicles into these crowded areas, the Chandni Chowk area can be declared to be a Business District Toll Area entailing per entry toll charge of Rs. 50/- per vehicle (without any right of parking). Side by side, non-polluting battery operated vans with wide foot-board facility should be made available at nominal price and any person purchasing the ticket of Rs. 1 /- can get on and off the slow moving van any number of times during any particular day. The earning from the entry toll charge will finance/ subsidize tickets for full-day use of vans at Rs. 1/- per daily ticket referred above. 
 

 (8)    The cycle rickshaws which are present in large numbers can be divided into specified colours and different colour rickshaws should be permitted to run at different parts of the day or on different days of the week. Presently the entire lot of the rickshaws are running in haphazard fashion so that for every prospective customer there may be three or four or even more rickshaws waiting and each of them. While waiting idle each rickshaw is occupying about 15 to 20 square feet of space on the ROW. 
 

 (9)    LGVs which are not having monthly parking arrangement with any one of the several parking sites, should not be allowed entry even in the permitted hours (before 8 a.m. and after 8 p.m.), except after paying a single entry fee of Rs. 50/- per entry. Once the LGV owner is having the monthly parking token at nearby parking lot, then coupled with the strictly enforced challan system referred to above, the LGVs will be automatically by taken to and parked in the parking lot, instead of the

LGVs dislodged from Esplanade Road, creating obstruction elsewhere in some lane or by-lane of the Chandni Chowk area itself. 
 

(10) There is a general tendency in the Chandni Chowk area for pedestrians to walk on the road (and not on the pavement). The presence of slow moving vehicles which accommodate the walking public, provides a kind of slow lane in which pedestrians walk as a matter of right. There should be posting of homeguards at every 100 mtrs. to guide the pedestrians onto the pavement Along with announcement/posters of fine Rs. 25/- for walking on the road. After a month or two when the new norm get established, these homeguards can be withdrawn or reduced or deputed only at peak hours.

(11) I acknowledge with gratitude the help and assistance provided by Mr. V.K. Shali, Standing Counsel, NCTD by convening an earlier meeting when I could not be present and by deputing his colleague and traffic officials for another meeting on 17.8.2001 when they devoted a good 2 hours with me and MCD Asstt. Commissioner, City Zone.

8. After the submission of this report, Mr. V.K. Shali, Standing Counsel for Government of NCTD and police authorities who was given time to seek instructions and inform as to what extent the suggestions can be translated into reality. The Delhi Traffic Police has thereafter filed response dated 16.10.2001 to the aforesaid suggestions stating as under:

(1) The entire Esplanade Road, Link Road is a no parking zone and the erring drivers are being challaned regularly as and when their vehicles are found parked improperly and obstructively. A good number of 'No Parking -- Tow Away Zone' boards have been installed at Esplanade Road, Cycle Market etc. make people aware that it is a No Parking Zone.

(2) There are four hired and one official cranes which are operating in the area of Kotwali Traffic Circle and are towing unauthorisedly parked vehicles by taking frequent rounds of the area. As a result of this constant drive, 6999 scooters/motor-cycles, 1692 cars and 142 LGVs have been towed from 1.1.2001 to 30.9.2001 and a sum of Rs. 10,85,400/ - (Rupees ten lacs eighty five thousand four hundred only) has been charged as towing charge. Besides, 'No Parking' stickers are also being pasted on the unauthorisedly parked vehicles and challans are issued.

(3) In response to the third suggestion two traffic constables have already been posted at Esplanade Road, Cycle Market etc. from 9 a.m. to 6 p.m. for the smooth flow of traffic. The punching of Driving licenses is not prevailing now-a-days and therefore it cannot be done. However, a compounding fee of Rs. 500/- (Rupees live hundred only) is charged from the defaulter drivers as and when they are found disobeying the lawful directions of a public servant under Sections 132/179 of the Motor Vehicles Act, 1988 and such of the vehicles where they do not want to compound challans are issued and their licenses or registration are seized and they are given a date for appearance before the Court.

(4) There is restriction on the plying of HTVs and MGCs throughout the day i.e. for 24 hrs. at Esplanade Road whereas the restriction on plying of LGVs at the road is from 8 a.m. to 11 a.m. and from 5 p.m. to 9 p.m. for loading and unloading of goods as the Esplanade Road and the area around it is one of the most important commercial areas of the walled city with brisk business activities. A wide variety of transportation modes namely manually pulled or pushed carts, animal driven vehicles and manual transportation of goods through headloads or basket loads is currently prevailing which are strongly dependent on wholesale trade and are major encroachers of space. Hence the suggestion of banning the entry of LGVs from 8 a.m. to 8 p.m. is neither practical nor feasible.

(5) The contents of this para pertains to MCD authority. It is worth mentioning that the number of rickshaws is very high and unmanageable from traffic point of view and are the main hindrance in the smooth flow of traffic. However, the answering respondents doubt whether it could be done in the light of the fact that recently it was in the newspaper that the Central Government has issued instructions to the Lt. Governor to do away with the regime of licenses for plying rickshaws.

 (6)    This suggestion also pertains to the MCD authorities. 
 

 (7)    As regards the restriction on plying of goods carriage rickshaws from 8 a.m. to 11 a.m. and from 5 p.m. to 9 p.m. the traffic police have no objection and all out assistance will be given by them as and when required. 
 

 (8)    The para does not pertain to Traffic Police.  
 

 LONG TERM MEASURES: 
   

 (1)    One way traffic system/arrangements for all vehicles or for slow moving vehicles is being considered from traffic point of view. 
 

 (2)    The suggestions recommended given by the Standing Counsel, MCD are being considered from traffic point of view. 
 

 (3)    The segregation of slow moving and fast moving vehicles was introduced long back in the year 1986 and again in the year 1992 but could not materialised due to the vested interest of shopkeepers, unmanageable number of cycle rickshaws/slow moving vehicles, location of electric transformers next to the foot-path after every 100 yards etc. 
 

 A study for new traffic plan for Chandni Chowk, S.P. Mukherjee Marg and Zoravar Singh Marg was carried out by Senior Traffic Police Officials consisting of Shri Ujjawal Mishra, the then DCP/Traffic, Shri

H.P.S. Virk, the then Addl. DCP/Traffic, Shri Suvashis Chodhary, ACP/T and Shri Prem Nath the then ACP/Traffic and they submitted their report for the decongestion of traffic. A copy of the study has already been submitted in the Hon'ble High Court. Besides, another study was carried out by Prof. A.K. Sharma of School of Planning and Architecture who has also recommended certain remedies in this regard.

 (4)    The removal of electric transformers pertains to Delhi Vidyut Board authorities. However the removal of these electric transformers will result in smooth now of traffic. Necessary directions may be issued to the DVB. 
 

 (5)    The suggestions for providing or arranging parking arrangement will result in less traffic problem in the area. 
 

 (6)    It is correct that certain other parking areas are required urgently or we may develop multi-level parking. 
 

 (7)    Various studies have been carried out in this regard and the suggestions mentioned in the para is being considered. 
 

 (8)    Contents of this para relate to MCD authority. 
 

 (9)    The suggestion is being considered from traffic point of view. However, the matter pertains to MCD authorities R P Cell. 
 

(10) Chandni Chowk is one of the most important commercial areas of the walled city with brisk business activities and all out efforts are being made by Traffic Police for the smooth flow of traffic and adequate number of staff is detailed regularly."

9. As per the aforesaid response as per which Delhi Traffic Police claims that it is taking earnest steps to curb the menace, it is expected that Delhi Traffic Police shall continue its drive to minimise the problem of traffic congestion. It would, however, not be out of place to mention that notwithstanding the aforesaid measures, in reality the problem still persists. In order to substantiate this, learned Counsel for the petitioner has filed the photographs, as recent as on 19.1.2002 and these photographs would reveal:

 (1)    Cars are parked at no parking and tow-away zones. 
 

 (2)    Squatters/vendors are sitting in the middle of the road selling their goods. 
 

 (3)    The traffic congestion is still there in many areas particularly Esplanade Road. 
 

 (4)    Shopkeepers have encroached upon the foot-path and are keeping their goods with the result, for pedestrians no space is left on the footpath for their movement.  
 

 10. The aforesaid tell-a-tale of the actual position prevailing in the area militates against the claim seriousness in which the Traffic Police is supposed to act

and gives an impression that notwithstanding what is stated in their response, much is desired to be done by the Delhi Traffic Police. It further gives an impression that the steps which are initiated by the Delhi Traffic Police as per its response dated 16.2.2001 are not actually taken in the right spirit and seriousness. Keeping in view this apathy of the Delhi Traffic Police and on the other hand the fact that this Court cannot monitor such a problem for all times to come, this writ petition is disposed of with the following directions: '

11 (A). The Delhi Traffic Police will strictly adhere to the measures being adopted by it as per its response dated 16.10.2001 and implement the same in all earnest.

(B) The following Committee of three persons is appointed which shall monitor the problem:

(1) Mr. Arvind Nayyar, Advocate

(2) A.C.P. (Traffic) of the area in question.

(3) Assistant Commissioner, M.C.D., of the concerned zone.

12. This Committee shall be entitled to visit the area from time to time and on finding any such problem existing in the area, it would be within its right to bring the same to the notice of the concerned authorities as the case may be for undertaking immediate steps to remove such a problem who shall take immediate steps for redressal of such problem being pointed out to them.

13(C). If the Committee feels that the problem pointed out by it is not attended to by the concerned authorities it shall be entitled to approach this Court by means of appropriate application seeking necessary directions.