Driving(Cadd) vs Govt. Of Nct Of Delhi
2017 Latest Caselaw 6446 Del

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*IN THE HIGH COURT OF DELHI AT NEW DELHI

+                       W.P.(C)No.9993/2017

%                             Date of decision : 14th November, 2017

DRIVING(CADD)                                       ..... Petitioner
                          Through :      Mr. Angad Mehta, Adv.

                          versus

GOVT. OF NCT OF DELHI                                ..... Respondent
                   Through :             Mr. Sanjoy Ghose, ASC-
                                         GNCTD with Ms. Urvi Mohan,
                                         Adv.

       CORAM:
       HON'BLE THE ACTING CHIEF JUSTICE
       HON'BLE MR. JUSTICE C.HARI SHANKAR

                      JUDGMENT (ORAL)

GITA MITTAL, ACTING CHIEF JUSTICE CM No.407572017(exemption)

1. Allowed, subject to just exceptions.

2. The application is disposed of.

W.P.(C)No.9993/2017

3. The writ petitioner complains against the perils of drunken driving as well as underage drinking. The major grievance of the petitioner is that there is no statutory regime nor any government policies regarding regulation of the same or any mandatory checking of the age of the consumers of alcohol. In this regard, the petitioner

draws attention to the statutory power of the Government of NCT of Delhi under Section 81 of the Delhi Excise Act, 2009 and the Delhi Excise Rules, 2010 framed thereunder.

4. The matter relates to formulation of a policy which would enable proper implementation of statutory provisions. In our view, the issues flagged by the petitioner deserves to be examined by the Government and if necessary, proper policy as well as regulations regarding the implementation of the statute need to be framed by the respondents.

5. In view thereof, this writ petition is disposed of with a direction to the respondents to treat the writ petition, copy whereof stands served upon them, as a representation and to take a formal view thereon on the issues pressed therein within a period of three months from today. The respondents shall inform the writ petitioner, as well as its counsel, of the view taken forthwith thereupon.

6. This writ petition is disposed of in the above terms.

ACTING CHIEF JUSTICE

C.HARI SHANKAR, J NOVEMBER 14, 2017/kr