Rajesh Tyagi And Ors vs Jaibir Singh And Ors.
2024 Latest Caselaw 7356 Del

Citation : 2024 Latest Caselaw 7356 Del
Judgement Date : 13 November, 2024

Delhi High Court

Rajesh Tyagi And Ors vs Jaibir Singh And Ors. on 13 November, 2024

Author: Manmohan

Bench: Tushar Rao Gedela, Manmohan

$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6244/2021
RAJESH TYAGI AND ORS. .....Petitioners
Through: Mr. Siddharth Luthra, Senior
Advocate, Senior Advocate as
Amicus Curiae, Mr. Rajshekhar Rao,
Senior Advocate as Amicus Curiae
Mr. Satyam Thareja, Advocate as
Amicus Curiae with Ms. Smriti Sinha,
Mr. Sheezan Hashmi, Mr.Harshil
Wason,, Ms. Sara Shrawani and Mr.
Yash Hari Dixit, Advocates.

versus

JAIBIR SINGH AND ORS. .....Respondents
Through: Ms.Nandita Rao, ASC (Crl.) for
GNCTD
Mr. Ranjeev Khatana, Advocate for
Mr. Kirtiman Singh, CGSC for UOI.
Ms. Gayatri Puri, Advocate withi Ms.
Kalpana, Mr. Madhav Saraswat, Mr.
Rajesh Tyagi and Mr. Jasbir Singh,
Advocates for DHC.
Ms.Fozia Rahman with Mr.Sikander
Siddiqui and Ms.Aafreen, Advocates
for DSLSA.
SI Joginder singh, Pairvi Officer,
Traffic.

% Date of Decision: 13th November, 2024
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:14.11.2024 W.P.(C) 6244/2021 Page 1 of 6
18:24:56
JUDGMENT

MANMOHAN, CJ : (ORAL)

1. With consent of learned Amici Curiae - Mr. Sidharth Luthra, Mr. Rajshekhar Rao, Senior Advocates and Mr. Satyam Thareja, Advocate as well as learned standing counsel for the GNCTD, DSLSA and Delhi High Court the following order is passed:

2. By an order dated 28th June, 2021 passed in FAO No. 842 / 2003, the learned Single Judge was pleased to direct as under:

"6. This Court is of the view that it would be appropriate to treat this petition as a Public Interest Litigation and list before the Hon'ble the Chief Justice to consider the above suggestions regarding the working of the Implementation Committee, the Fast Track Committee and the Arrears Committee. All suggestions regarding the requirement of office space, man power and the financial aspects of the Committees be placed before the Division Bench.

7. In view of the above, the Registry is directed to register these proceedings as a PIL and list the same before the Division Bench presided over by the Hon'ble the Chief Justice on 08th July, 2021.

8. It is further clarified that this appeal has already been decided on merits and therefore, need not be listed against before this Court. Pending applications are disposed of."

3. In furtherance of the above direction, FAO No. 842/2023 was registered as a PIL i.e., W.P. (C) No. 6244/2021 and placed before a Division Bench of this Court on 08th July, 2021.

4. While the learned Single Judge has already passed a detailed judgment, the only issue that remains for consideration by this Court is to examine and put in place a viable and continuing mechanism that takes forward the spirit and intent of the Judgment dated 08th January, 2021 and the

orders dated 12th May, 2021, 25th June, 2021 and 28th June, 2021 passed by the learned Single Judge.

5. To this end, we note that by the aforesaid judgment & orders, the learned Single Judge had directed the creation of an Implementation Committee, a Fast Track Committee and an Arrears Committee to supervise the implementation of the "Scheme for Motor Accident Claims formulated by Delhi High Court" and had also issued various directions in relation to manpower and logistical support to be provided to them.

6. In furtherance of the above, the aforesaid Committees were constituted as under:

Implementation Committee

1. Sitting or former Judge of this Court to be nominated by the Hon'ble Chief Justice as Chairperson.

2. Member Secretary, DSLSA

3. Special Commissioner of Police to be nominated by the Commissioner of Police

4. Additional Secretary in the Ministry of Road Transport and Highways to be nominated by the Secretary, Ministry of Road Transport and Highways

5. Secretary General, General Insurance Council

6. Mr. Surinder S Rathi, OSD-cum-Registrar, Delhi High Court

7. Law Secretary to Government of NCT of Delhi

8. Principal Secretary, Transport, Government of NCT of Delhi

9. Chairman, IRDA, or his nominee

10. Head of WHO Project on Road Safety in India or his nominee

11. Ms. Nandita Rao, Additional Standing Counsel for Government of NCT of Delhi

12. Mr. Akshay Chowdhary, Advocate Fast Track Committee

1. Mr. SS Rathi, Registrar, OSD - cum - Registrar, Delhi High Court

2. Mr. Kanwal Jeet Arora, Member Secretary, DSLSA

3. Mr. Manoj Kumar Nagpal, Special Judge, CBI

4. Mr. Rakesh Kumar Singh, Joint Registrar, Delhi High Court

5. Mr. Rajesh Deo, DCP (Legal Cell), Delhi Police

6. Mr. Satyam Thareja, Amicus Curiae

7. Mr. Akshay Chowdhary, Advocate

Arrears Committee

1. Mr. SS Rathi, Registrar, DHJS, OSD - cum - Registrar

2. MACT Judge to be noted by Hon'ble the Chief Justice

3. Mr. Kanwal Jeet Arora, Member Secretary, DSLSA

4. Mr. Bharat Parashar, Chairman Centralized Computer Committee, Rouse Avenue District Courts

5. CMM Headquarters, Tis Hazari District Courts

7. However since nominations were made to the Committees by naming individuals who were then holding particular offices, vacancies arose owing to their transfer(s). Resultantly, Committees have not been able to convene and/or function optimally.

8. Vide order dated 23rd August, 2022, this Court directed that a status report on working of Implementation Committee, the Fast Track Committee and the Arrears Committee be filed.

9. A perusal of the Status Report dated 14th September, 2022 filed in compliance with the Order establishes that the Committees are non- functional.

10. The mandate of the Implementation Committee, the Fast Track Committee and the Arrears Committee as per orders passed in FAO No. 842 / 2003 shows that there is over-lap in the functionality of the Fast Track Committee and the Arrears Committee which were subject to approval of the Implementation Committee.

11. Hence to streamline processes and to ensure efficacy it is appropriate to restructure the Committees. The Arrears Committee and the Fast Track

Committee are not required any longer and by reconstituting the Implementation Committee the stated objective can be achieved.

12. We, therefore, reconstitute the Implementation Committee as under: -