Vinay Kumar vs Transport Department And Ors
2021 Latest Caselaw 936 Del

                          $~38
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                                         Decided on: 19th March, 2021
                          +      W.P.(C) 3599/2021
                                 VINAY KUMAR                                        ..... Petitioner
                                                     Through:     Mr. Ankit Sharma, Adv.

                                                     versus

                                 TRANSPORT DEPARTMENT AND ORS            ..... Respondents
                                              Through: Mr. Gautam Narayan, ASC (GNCTD)
                                                       with Ms. Dacchita Shahi, Adv. for R-
                                                       1 to R-3.

                                 CORAM:
                                 HON'BLE THE CHIEF JUSTICE
                                 HON'BLE MR. JUSTICE JASMEET SINGH

                                                              JUDGMENT

: D.N.PATEL, Chief Justice (Oral)

CM APPL. 10944/2021 (exemption) Allowed, subject to just exceptions.

W.P.(C) 3599/2021

1. This public interest litigation has been preferred with the following prayers:-

"i. a writ in the nature of Mandamus or other appropriate writ order or direction to Respondents no. 1 and 2 pass relevant law(s)/notification(s)/rule(s) to provide a

Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:06.04.2021 17:26:51 dedicated reserved lanes for unrestricted use of emergency services 24 hours and 7 days a week; ii. a writ in the nature of Mandamus or other appropriate writ order or direction to Respondent no.2 to ensure immediate compliance, implementation and enforcement of the law(s)/notification(s)/Rule(s) from the date of effect ;

iii. a writ in the nature of Mandamus or other appropriate writ order or direction to Respondent no.3 to provide the requisite support, framework and infrastructure/resources for implementation of the dedicated reserved lanes; iv. any other writ, order, direction, or relief which the Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of citizens be allowed."

2. It appears that the petitioner has directly approached this Court without making any representation to the Government with respect to having dedicated reserved lanes for unrestricted use of emergency services 24 hours and 7 days a week as pointed out in the prayer and for consequential reliefs for direction upon respondent No.2.

3. Since, a policy decision is involved in this case, we therefore see no reason to issue a writ of Mandamus directly upon the respondents for providing a dedicated reserved lanes for unrestricted use of emergency services 24 hours and 7 days a week. Such a decision would depend upon a variety of factors such as the width of the road, the traffic, etc. Variety of factors are to be appreciated by the concerned respondent authorities. We therefore direct the concerned respondent authorities to treat this writ petition as a representation and to decide the grievances mentioned in this

Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:06.04.2021 17:26:51 writ petition in accordance with law, rules, regulations and Government policies applicable to the facts of the case, as expeditiously as possible and practicable. With these observations, this writ petition is hereby disposed of.

CHIEF JUSTICE

JASMEET SINGH, J MARCH 19, 2021 'sr'

Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:06.04.2021 17:26:51