Delhi High Court
Paardarshita Public Welfare ... vs Commissioner South Delhi ... on 29 October, 2018
$~38 & 40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5023/2015 & CM APPL.2148/2018, 2149/2018
PAARDARSHITA PUBLIC WELFARE FOUNDATION (NGO)
..... Petitioner
Through: Mr.Harkrishan Das Nijhawan,
General Secretary of the petitioner in
person.
versus
COMMISSIONER SOUTH DELHI MUNICIPAL CORPORATION
& ORS ..... Respondents
Through: Mr.Gautam Narayan, ASC for
GNCTD with Ms.Shivani Vij,
Mr.Mahamaya Chatterjee, Mr.Nitish
Kumar and Mr.Manish Dua,
Advocates for respondent.
Mr.Jagdish Sagar, Advocate for R-3.
Mr.B.S.Dhir and Ms.Yashika Vij,
Advocates for respondent/DDA.
Ms.Eshita Baruah, Adv. for
Mr.Gaurang Kanth, Advocate for
respondent/SDMC.
Mr.Rajneesh Vats, SC and Mr.Tushar
Sannu, Adv. for respondent/NDMC.
SI Vinod Dabas from Transport
Department.
SI Jagmeshwar Dayal, Parvi Officer
(Traffic) and Inspector (Traffic)
Rajender Kumar, TI, R.K.Puram.
Mr.Ajay Arora and Mr.Kapil Dutta,
Advocates for respondent/North
DMC.
Mr.Satish Dahiya, ACP, Ved Prakash
Jha, T.I., Karol Bagh Circle, Kaushal
Pandey, T.I., Mandawali, Inspector
Rajender Kr. Jain, T.I., R.K.Puram.
SI Shri Narayan from PS-Karol Bagh.
SI Yogender from PS-DBGR.
+ W.P.(C) 10372/2017 & CM APPL. 14866/2018, 23085/2018
NEENA NARANG ..... Petitioner
Through: Mr.Satyajit Sarna and Mr.Amit
Agrawal, Advocates.
versus
GOVERNMENT OF NCT OF DELHI AND ORS. ..... Respondents
Through: Mr.Gautam Narayan, ASC for
GNCTD with Ms.Shivani Vij,
Mr.Mahamaya Chatterjee, Mr.Nitish
Kumar and Mr.Manish Dua,
Advocates for respondent.
Mr.Sanjeev Ralli, Mr.Bibhash Kumar
Sharma, Mr.Nitika Khanna and
Mr.Amber Sachdeva, Advocates for
R-6 to 9.
SI Jagmeshwar Dayal, Parvi Officer
(Traffic) and Inspector (Traffic)
Rajender Kumar, TI, R.K.Puram.
Mr.Ajay Arora and Mr.Kapil Dutta,
Advocates for respondent/North
DMC.
Mr.Ankit Jain, Advocate for R-10.
Mr.Satish Dahiya, ACP, Ved Prakash
Jha, T.I., Karol Bagh Circile, Kaushal
Pandey, T.I., Mandawali, Inspector
Rajender Kr. Jain, T.I., R.K.Puram.
SI Shri Narayan from PS-Karol Bagh.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 29.10.2018
1. The petitioners in these writ petitions are primarily concerned with the
traffic conditions in Karol Bagh area. It is highlighted by Mr.Satyajit Sarna,
learned counsel for the petitioner [in W.P.(C) No. 10372/2017] while relying
on the photographs placed at pages 201 to 216 that vehicles are
indiscriminately parked on the road, resultantly, there are traffic jams. Free
movement of pedestrians is hindered and in case of any unforeseen incident,
there would be loss of life and property. In the photographs, three major
issues have been highlighted. Firstly, the photographs at pages 207, 215 and
216 depict goods stored on the road for the purpose of loading/unloading. A
major portion of the road is covered for this reason. We deem it appropriate
to scan photograph filed at page 207 below as sample photograph to show
the position at site:
2. Second issue which emerges is that cars are parked beyond the first
lane meant for parking and two additional lanes out of three are blocked
leaving a single lane for movement of traffic. This position is captured in
photograph at page 204 which we also scan below:
3. Another issue flagged by Mr.Sarna, learned counsel is that the
shopkeepers use the road as a makeshift showroom to park vehicles meant
for sale. This menace is seen in the photograph at page 210. In addition to
this, there are other encroachments as well. The scanned photograph of
page 210 is below:
4. We are informed that as far as menace of using the road as a
makeshift showroom is concerned, this has been curbed. However, the other
two issues, in case the roads are to be kept encroachment free, are required
to be addressed seriously.
5. Mr.Sanjeev Ralli, learned counsel appearing on behalf of respondent
nos. 6 to 9 [in W.P.(C) No. 10372/2017] has explained to us the reasons for
loading/unloading from 12:00 noon and 04:00 PM which are mentioned
below:
(i) Wholesalers from across the country visiting this area buy
goods in bulk and thus they are to be loaded/unloaded during
the day time;
(ii) Loaders are only available during day time;
(iii) Transporters are available during day time only;
(iv) Traders coming from outside would be put to inconvenience, if
the timings are changed;
(v) Shopkeepers will be put to inconvenience, if the timings are
changed;
(vi) Commercial movement of vehicles should be permitted
between 11:00 AM to 05:00 PM.
6. Mr.Ralli, further submits that in case loading/unloading is done at
night, it would lead to a security hazard.
7. We have carefully examined these three issues which have been
flagged by Mr.Sarna, learned counsel, besides the other issues which are
hampering free movement of traffic and pedestrians.
8. Mr.Harkrishan Das Nijhawan, the General Secretary of the petitioner
who appears in W.P.(C) 5023/2015 has produced a newspaper cutting and
highlighted its headline "1 fatal accident every sq km in Delhi, 4 deaths a
day in' 2017". He further submits that unless and until traffic regulatory
measures are taken, on every road in Delhi, the lawlessness and indiscipline
would increase further. Since the traffic is not being regulated, it could be
on account of lack of Policy and/or will. He submits that an ordinary citizen
cannot be made to suffer on account of complete lack of indiscipline on the
roads in Delhi and most of the time the traffic police stand as mute
spectators. He further submits that the Court should place strong deterrent
in order to maintain discipline and to avoid the pathetic situation which
exists and is evident upon examining the three photographs which have been
scanned above.
9. We have heard the learned counsel for the parties.
10. Any change is not easy to accept and the present case would not be
any different. Inconvenience and the issues raised by Mr. Ralli, learned
counsel are to be compared with the rights of the citizen and the duties
which every citizen owes to its country, city, locality and market places.
11. We are of the view that no change especially a change of this nature
can take place unless the stakeholders also feel that this change is for the
betterment and to the advantage of the society at large.
12. Mr. Sarna and Mr. Nijhawan submit that no loading/unloading should
be permitted from 11:00 AM to 08:00 PM during the day. Delhi Police has
also supported this measure in its affidavit.
13. As far as inconvenience to the purchasers in coming to the market
place is concerned, we are of the view that if the time for loading and
unloading is restricted between 08:00 PM to 11:00 AM, all the stakeholders
would have to adjust their timings. Traders instead of reaching Delhi in the
morning would only reach Delhi in the evening or in the afternoon.
Loading/unloading shall take place between 08:00 PM to 11:00 AM
following morning and there will be no loading/unloading during the day.
Transporters and loaders will also make themselves available during such
timings, when loading/unloading will be allowed. Regarding the security,
we feel that once loading/unloading starts at night, loaders, transporters and
the market staff will also be available and this would be a deterrent to any
untoward activity like theft.
14. We, however, issue directions to the local police to provide security
arrangement at night so that the security of the market association is taken
care of.
15. Having regard to the present situation which cannot be explained
better than the photographs on record, we are of the considered view that the
situation demands stringent measures to be taken for those who violate the
orders so passed by this Court. Accordingly, we direct the SHO concerned,
DCP (Central), Assistant Commissioner-Karol Bagh Zone and DCP
(Traffic) to ensure that no loading/unloading would be permitted between
11:00 AM and 08:00 PM. This order will come into force from 01.11.2018.
In case of violation, as far as officers are concerned, disciplinary action will
be taken and as far as shopkeepers are concerned, since they are represented
in Court, the Court will be forced to initiate contempt proceedings. Due
publicity will be given to the order and it will be brought into notice of every
member of the Association.
16. The Municipal Corporation of Delhi (MCD) will inform the parking
contractors to stop parking beyond a single lane. If any vehicle is allowed to
be parked, it would amount to violation in terms of tender/agreement, as we
are informed that every parking agreement contains the area in which the
cars can be allowed to be parked. In case, any car is allowed to be parked
illegally, after following due process, the agreement/tender of the contractor
will be cancelled.
17. Traffic police of the area under supervision of the DCP and Traffic
Inspector will ensure that this order is not violated. Vehicles will not be
allowed to be parked in the no parking zones. Simultaneously, MCD will
take steps to ensure that steps are taken to convert and use areas such as
10,000 sq. metres park at Ajmal Khan Road towards parking after adopting
due process.
18. Mr.Ajay Arora, learned counsel for the respondent/North Delhi
Municipal Corporation (North DMC) submits that serious steps are being
taken for developing a parking lot at Shastri Park and Ajmal Khan Park but
since the matter is sub judice before the Supreme Court pertaining to Ajmal
Khan Park, further steps cannot be taken.
19. For the purpose of implementing this order, a meeting will be held
between DCP (Traffic), Additional Commissioner (MCD) of the concerned
zone, Chairman, North DMC and respondent nos. 6 to 11. In the circular
issued by the market association, members and all shopkeepers will be
informed the consequences of breach of this order.
20. Commissioner of Delhi Police will hold a joint meeting with
Chairman of NDMC, Commissioner of Traffic and three Additional
Commissioners of the MCD as well as the Chief Fire Officers and file a
status report as to how this order can be implemented throughout Delhi in
various markets. This meeting would be held preferably within four days
from today for the reasons that on account of Diwali (Deepawali) which is
on 07.11.2018, there is likelihood of large number of persons visiting the
market places and in case traffic on the road is not regulated, any unforeseen
incident could be fatal.
21. Learned counsels have also highlighted the general condition of
traffic in the entire Delhi. We request the Joint Commissioner (Traffic) to
submit a report as to how Delhi Police proposes to regulate traffic and to
curb the menace of illegal parking & the traffic violations.
22. The Joint Commissioner (Traffic) will also look into the matter as to
how the traffic police force can be sensitized and trained to regulate traffic
and book the offenders so that the traffic offenders are discouraged from
breaking the law.
23. The Court will also be informed as to why parking lot which was
inaugurated on 03.02.2017 in the NDMC Zone is not being put to use.
Mr.Arora, learned counsel submits that despite steps taken to allot the
parking lot, no contractor has come forward to take this parking site.
24. We direct the market association to make a formal proposal to run the
parking lot on payment basis.
25. List on 14.11.2018 for further directions.
26. Copy dasti to all the parties.
G.S.SISTANI, J
JYOTI SINGH, J
OCTOBER 29, 2018
ssc
