Shashwat Bhardwaj vs Govt. Of Nct Of Delhi And Ors.
2019 Latest Caselaw 5337 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI
                                               Date of decision: 01.11.2019
           +       W.P.(C) No.11252/2019 & C.M. No.46327/2019
      SHASHWAT BHARDWAJ                                     ..... Petitioner
                  Through               Petitioner in person.

                           versus

      GOVT. OF NCT OF DELHI AND ORS.           ..... Respondents
                    Through  Mr.Sanjay Jain, ASG with Mr.Sanjoy
                             Ghose, Adv. & Mr.Naman Jain, Adv.
                             for R-1/GNCTD.

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

                                    JUDGMENT

D.N. PATEL, Chief Justice (Oral)

W.P.(C) No.11252/2019 & C.M. No.46327/2019 (for stay)

1. This petition has been preferred with the following prayers:-

(a) Issue a writ of Certiorari thereby, quashing the decision of the Respondent of enforcing the odd even scheme in Delhi between November 4 -15, 2019 as the same is in violation of Article 14 of the Constitution of India.

(b) Issue suitable writs/directions in the nature of mandamus and any other writs directing the sole Respondent herein to set up an expert committee that may, apart from senior bureaucrats, also comprise of representatives of the Bar, to conduct

a study on the viability of the said odd even scheme and any alternate arrangement that does not violate any fundamental right and also fills the void that the said scheme fails to take into account.

(c) any other writ, order or direction which may be deemed fit and proper under the facts and circumstances of the case and in the interest of justice be also passed in favour of the Petitioner and against the Respondent herein."

2. It is submitted by counsel for the petitioner that the representation preferred by the petitioner is pending with the respondents. Learned Additional Solicitor General appearing for the respondent nos.1 submitted that the said representation would be decided in accordance with law as early as possible and practicable.

3. In view of the aforesaid statement, we hereby direct the respondent no.1 to decide the representation of the petitioner (which is annexure P-2 to the writ petition), in accordance with law, rules, regulations and Government policies applicable to the facts of the case, as early as possible and practicable, preferably on or before 05.11.2019.

4. With these observations, this writ petition is hereby disposed of along with pending application.

CHIEF JUSTICE

C.HARI SHANKAR, J NOVEMBER 01, 2019/aa