Amar Taxi Service & Others vs Commissioner Of Police & Others
2010 Latest Caselaw 854 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+     W.P.(C) Nos. 2428/2007 & 2429/2007


%                          Date of decision : 15th February, 2010

      AMAR TAXI SERVICE & ORS.              ..... Petitioners
                     Through Mr.Shyam Moorjani, advocate.

                  versus


      COMMISSIONER OF POLICE & ORS. ..... Respondents
                    Through Mr.Sanjeev Sabharwal, advocate for
                    MCD.
                    Mr.Sumer Kumar Sethi, advocate for DDA.
                    Ms.Sana Ansari, advocate for Ms.Zubeda
                    Begum, advocate for R-2.

      CORAM:
      HON'BLE MR. JUSTICE SANJIV KHANNA


                             ORDER

1. Learned counsel for the MCD and Deputy Commissioner of Police (Traffic) seek and are granted permission to place on record status reports.

2. As per the status reports, a general taxi stand has been notified for parking of five DLT taxis in the area in question. As per the status report, DLY and DLZ taxis were found to be parked at the site in question and area meant for public parking has been encroached upon. It is open to the respondents to take action as per law against the DLY and DLZ taxis which are parked at the site contrary to the terms of the notification. Respondents will ensure that the space meant for general car parking is not encroached upon by taxis.

WPC Nos.2428-29/2007 Page 1

3. A general notification for parking of five DLT taxis has been issued. No particular person can claim exclusive right to park his taxi in the area meant for general parking of taxis. Respondents will ensure that no particular individual/person claims or asserts right to park his taxis and thereby prevent other taxi owners/drivers from parking their taxi in the area earmarked for general taxi stand. Further, officers of the respondents and those manning the pre-paid booths will ensure that taxi drivers operate their taxis and do not use the said area as a permanent parking place. DLT taxis are meant to ferry users and move around. Taxi owner/driver while waiting for a passenger can park their vehicles at designated general taxi stands. It has been clarified by the respondents that area/space is demarcated as a general taxi stand or parking area for taxis but no person or individual can claim allotment or right to park in the said space to the exclusion of others.

4. Deputy Commissioner of Police (Traffic) in the status report has pointed out that a few persons have been continuously and permanently parking their taxis in the taxi stand. It is further stated that some of them own more than one taxi. It is open to the respondents to take action as per law in such cases.

5. It is clarified that this Court has not expressed any opinion on whether or not the taxi stand should be denotified. It is open to the respondent to denotify the taxi stand, if required and necessary, in accordance with law.

Writ Petitions are accordingly disposed of.

DASTI.

SANJIV KHANNA, J.

      FEBRUARY 15, 2010
      P

WPC Nos.2428-29/2007                                             Page 2