Delhi High Court
Ajit Singh vs Municipal Corporation Of Delhi & ... on 8 March, 2010
Author: Sanjiv Khanna
37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1387/2010
AJIT SINGH ..... Petitioner
Through Mr. Vikas Arora, Adv.
versus
MUNICIPAL CORPORATION OF DELHI & ANOTHER .... Respondent
Through Ms. Maninder Acharya, Adv. for MCD.
Ms. Shawana Bari, Adv. for R-2.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
ORDER
% 08.03.2010
1. Learned counsel for the petitioner has relied upon the office order dated
23rd August, 1980, which reads as under:-
"ORDER
Whereas the halting and parking of taxis on
roads in Delhi are not properly regulated and taxi
are required to be marked for being available to
the general public at many areas.
How, therefore, I. P.S. Bhinder, Commissioner
of Police, Delhi, in exercise of the powers
Conferred upon me for section 28(1)(b) of Delhi
Police Act, 1978, do hereby for that the places
specified in the schedule annexed hereto all be
used as General Taxi Stands for parking of number
of taxis indicated against each site with the
condition that no permanent or temporary, shall
be erected at the General Taxi Stands.
This order shall come into force with
immediate effect.
This order shall be published for information
of public in the official gazette and by affixing a
cop of notice boards of the offices of all Distts.
Deputy Commissioners of Police and all police
Stations in Delhi/Delhi."
2. The aforesaid order makes it clear that general taxi stands are demarcated
to enable the taxis to be parked when they are vacant and waiting for passengers.
General taxi stands are not meant for permanent or temporary parking for a
particular taxi and no vested right can be claimed to park a taxi at a particular
general tax stand.
3. In view of the traffic requirements, by the order dated 9th December, 2009,
the general taxi stand in front of Bharat Petrol Pump, opposite Electric Pole No.56,
Lodhi Road, New Delhi has been cancelled. The petitioner, obviously, cannot claim
vested right to park his taxi permanently or temporarily at the said general taxi
stand. The petitioner, however, has right to park his taxi at any general taxi stand,
which are meant for taxis. The petitioner has not made out any case that he has
been prevented and obstructed from using a designated general taxi stand. If the
petitioner has any grievance, he can report the matter to the Traffic
Police/authorities and in case of non-compliance, can approach the Court.
Learned counsel for the petitioner submits that there is need and requirement to
have a general taxi stand in the said area and in this connection, he has relied upon
the order dated 5th November, 2009 passed in W.P.(C) 8850/2009 titled Jagjit
Singh Vs. MCD and Another. It is open to the petitioner or any other taxi owner to
make a representation in this regard. If any such representation is made, the same
will be considered as per the policy of the respondents.
The writ petition is disposed of.
Dasti to the counsel for the petitioner.
SANJIV KHANNA, J.
MARCH 08, 2010
NA
