Initiative For Transportation ... vs Mcd And Ors.
2012 Latest Caselaw 5872 Del

SPL. DIVISION BENCH


$~S-1-3

*              IN THE HIGH COURT OF DELHI AT NEW DELHI

+              W.P. (C) 4572/2007, CM APPL.8544/07, 6986/10 & 17940/11, 626,
               2724, 2801, 3663, 16320, 16453, 16454/2012
               W.P. (C) 8580/2009, CM APPL.5656/2009, CM APPL.8503/2012
               CONT. CAS (C) 564/2010, CM APPL.14826/2010, 793/2012

       W.P. (C) 4572/2007
       MANUSHI SANGATHAN, DELHI                                       ..... Petitioner
                    versus
       GOVT OF DELHI AND ORS.                                       .....Respondents

       W.P. (C) 8580/2009
       INITIATIVE FOR TRANSPORTATION AND
       DEVELOPMENT PROGRAMMES                                         ..... Petitioner
                    versus
       MCD AND ORS.                                                 .....Respondents

       CONT. CASE (C) 564/2010
       MANUSHI SANGATHAN                                            ..... Petitioner
                  versus
       P.K. PANDA AND ORS.                                          .....Respondents

       Appearance: Ms. Indira Unninayar with Ms. Kirat Randhawa,
       Advocate for petitioners in WP (C) 4572/07 & Cont. Case (C) 564/2010.
       Mr. Nazmi Waziri, Standing Counsel for GNCTD.
       Ms. Madhu Tewatia, Advocate for MCD with Ms. Sidhi Arora, Advocate.
       Mr. Sanjeev Ralli with Mr. Sandeep Anand, Advocates for
       Chandni Chowk Vyapar Mandal - applicant in CM APPL.17940/11.
       Mr. Kirti Uppal, Sr. Advocate with Mr. Ajit Dayal, Advocate
       for respondents in WP (C) 8580/2009.
       Mr. Shashi Bhushan, Member, All India Cycle Rikshaw Operator's Union.
       Mr. Vijay Panjwani, Advocate for Intervenor/applicant in CM APPL.16320/2012.
       Mr. Anand Nandan, Advocate in WP (C) 8580/2009.
       Ms. Nidhi Singh, proxy for Ms. Sangeeta Chandra, Standing Counsel for DDA.
       Mr. Manasi Gautam, proxy for Ms. Geetanjali Mohan, Advocate for Railways.
       Mr. R. Kaul, Advocate for Union of India.


WP (C) 4572/07, 8580/09 & CONT. CAS (C) 564/2010                         Page-1 of 4
        CORAM:
       HON'BLE MR. JUSTICE S. RAVINDRA BHAT
       HON'BLE DR. JUSTICE S. MURALIDHAR

                                 ORDER

% 28.09.2012

CM APPL.16453/2012 IN W.P. (C) 4572/2007, CM APPL.8502/2012 IN W.P. (C) 8580/2009 & CM APPL.17940/11 IN W.P. (C) 4572/2007

CM APPL.16453/2012 IN W.P. (C) 4572/2007

After some hearing, Ms. Indira Unninayar, Advocate seeks leave to withdraw this application with liberty to urge the contentions raised after the report of the Inquiry Officer is filed in this Court. CM APPLICATION-16453/2012 is accordingly dismissed as withdrawn with liberty as prayed for.

Old Delhi Railway Station Issue notice to the General Manager, Northern Railway. The notice shall require the said officer to nominate the concerned official who is responsible for the issues that are being considered by the Court, i.e., entry into and exit from the Old Delhi Railway Station of traffic in general and buses, taxis and other motorized vehicles in particular, for production of the relevant files for the perusal of the Court. The concerned official shall also be suitably instructed with regard to the total area available in the Old Delhi Railway Station both for the purpose of entry and exit of vehicles as well as for parking. A plan/map of the station indicating all the relevant features shall also be produced by him for the assistance of the Court on the next date.

Issue notice also to the UTTIPEC to assist this Court. In continuation of the order dated 2.6.2012, the concerned authorities are directed to make available to the Court on the next date of hearing the necessary data collected regarding the motorized traffic at the Old Delhi Railway Station from which conclusions can be reasonably drawn.

WP (C) 4572/07, 8580/09 & CONT. CAS (C) 564/2010 Page-2 of 4 Chandni Chowk Learned counsel relies upon a set of photograph and contends that Chandni Chowk area is extremely congested. The photographs present a very dismal picture. The traffic on the entire road seems to be in a chaotic condition. The photographs also reveal grave challenges to the safety and wellbeing of the road users particularly school going children and the elderly pedestrians. Clearly there is no traffic management plan that is operational. Mr. Najmi Waziri, learned standing counsel for GNCTD, submits that in view of the need for urgent remedial steps, the Delhi Traffic Police will work out and implement a traffic management plan for Chandni Chowk in a phased manner in consultation with the concerned parties. He states that a meeting of the Delhi Police with the petitioners, the representatives of the MCD, the Chandni Chowk Sarv Vyapar Mandal, M/s Choudhary Transport and other stakeholders would be held for this purpose in the office of the concerned DCP (North), Tara Chand Mathur Marg, on 3rd October, 2012 at 2:00 PM.

Registration and Licensing of NMVs Further to the order dated 2.6.2012, and the subsequent orders, this Court has been shown by learned counsel for the MCD two forms - one for the registration of the rickshaws and the other for issuance of licence to the NMV plier/owner.

This Court is of the view that MCD should commence the process of registration and issuance of licences as early as possible preferably from 1.11.2012. While, finalizing the forms shown by it to the Court today, the MCD will consider the suggestions given by the petitioners at pages 1600-1605 of the paper book (as part of the written submissions) and in particular, those concerning the instructions to be printed on the reverse of the forms. These instructions will also be prominently publicized for the benefit of the proposed applicants. It is clarified that the basic instructions should be in place when the process of registration begins.

WP (C) 4572/07, 8580/09 & CONT. CAS (C) 564/2010 Page-3 of 4 W.P. (C) 4572/2007, W.P. (C) 8580/2009 & CONT. CASE (C) 564/2010 List on 12th October, 2012, at 03:00 PM.

S. RAVINDRA BHAT, J

S. MURALIDHAR, J SEPTEMBER 28, 2012 /vks/

WP (C) 4572/07, 8580/09 & CONT. CAS (C) 564/2010 Page-4 of 4