Uggarsain Market & Ashok Nagar ... vs State Of Delhi & Others
2010 Latest Caselaw 797 Del

03
*     IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                     Date of decision: 10th February, 2010

+     W.P.(C) 5505/2007

UGGARSAIN MARKET & ASHOK NAGAR SHOPKEEPERS WELFARE ASSOCIATION
(REGD.) & ORS          ..... Petitioner
                      Through        Mr. Ajay Veer Singh Jain, Adv.
               Versus

STATE OF DELHI & ORS            .... Respondent
                           Through       Ms. Sonia Sharma, Adv. for R-1.
                                         Ms. Amita Gupta, Adv. for MCD.
                                         Mr. V.M. Chauhan, Adv. for R-5.

      CORAM:
      HON'BLE MR. JUSTICE SANJIV KHANNA

                                    ORDER

C.M.No.13757/2009

This is an application for restoration of the writ petition, which was

dismissed for non-prosecution on 16th September, 2009. On 24th March, 2009, a

detailed order was passed on the basis of the photographs taken by the private

respondent on 8th January, 2009. It was alleged that the petitioner No.2 and his

brother Mr. B.K. Malik were doing jewellery business under the name and style of

B.K. Jewellery and their shop was located just behind the hoardings. The

petitioners were directed to file an affidavit in response to the contention raised

by the respondent and photographs placed on record. In the meanwhile, the

respondents MCD and Delhi Police were directed to have a meeting in view of

WPC No.5505/2007 Page 1 the stand taken by the Delhi Police. Delhi Police was also asked to file an

additional affidavit.

Order dated 21st July, 2009 records that the petitioner had not filed any

affidavit. The said order further records that the counsel for the petitioners had

made repeated efforts to contract her clients, but they had not responded.

Directions were given that DCP (Traffic), Delhi Police would inspect the site and

submit report. Delhi Police was directed to report whether any fatal accident had

occurred at the location.

In this application for restoration, it is stated that criminal cases are

pending against the petitioner No.2, he is not traceable and the petitioner No.4

had shifted his house and, therefore, did not receive any communication. The

application does not indicate whether the petitioner No.3 was aware of the

orders passed and whether he had taken any steps to contact the Advocate. The

petitioner No.1 is an association of shop keepers. It is difficult to accept that they

were not aware of the present writ petition and the orders passed by the Court.

Mere fact, that the petitioner No.2 was not traceable and criminal cases were

pending against him, does not justify failure to furnish information and respond

to the communications of the Advocate.

At the same time, the report of Delhi Traffic Police states that hoardings at

the said location should not be allowed to continue as road accidents can occur.

The Court had issued directions in the order dated 21st July, 2009 in this regard to

DCP (Traffic), Delhi Police.

WPC No.5505/2007 Page 2 In these circumstances, I allow the present application subject to payment

of costs of Rs. 20,000/- by the petitioners which will be equally shared amongst

respondent Nos.1, 2 and 5. The costs will be paid within 15 days by cheque. It is

also clarified that the Court will be primarily concerned with the question of road

accidents, safety and traffic deficiency. The question whether the hoardings

obstruct and have detrimental effect on the business of the petitioners will not

be a relevant criterion and will not be gone into and considered by the Court.

W.P.(C) No.5505/2007

The DCP (Traffic), Delhi Police and MCD will comply with the order dated

21st July, 2009. The respondent, MCD will file on record their latest policy and

judgment of the Supreme Court relating to hoardings.

Relist on 20th May, 2010.

SANJIV KHANNA, J.

      FEBRUARY 10, 2010
      NA




WPC No.5505/2007                                                             Page 3