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2009 Supreme(Del) 772

KAILASH GAMBHIR
Sanjeev Nanda – Appellant
Versus
State – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff:Ram Jethmalani and Siddharth Luthra, Sr. Adv., R.N. Karanjawala, Sandeep Kapur, Saurab Ajay Gupta, Lataa Krishnamurti, Rajat Wadhwa, Mehul Milind Gupta, Shivel Trehan, Madhav Khurana, Arndam Mukherjee, P.R. Mala, Saurabh Gupta, Joyeeta Banerjee and Rajdeep Banerjee, Advs. in Crl. Appeal No. 807/2008, D.C. Mathur, Sr. Adv. and Mohit Mathur, Advs. in Crl. Appeal No. 767/2008, S.S. Gandhi, Sr. Adv. and Abhilash Mathur, Adv. in Crl. Appeal No. 871/2008 For Respondents/Defendant: Pawan Sharma, Addl. P.P.

JUDGMENT

Kailash Gambhir, J.

The miracle is not to fly in air or to travel to the moon, but to walk on the earth", says a Chinese proverb.

1. The increase in vehicular traffic alongwith the population of Delhi has grown much faster since the time Maruti Company has flooded the market with their brand of cars for the middle class of the society. Although the capital of the country is dominated by the middle and lower class, but the presence of rich and affluent is no less visible when one looks at the roads of Delhi to find large number of high class luxurious cars, including the Mercedes and BMWs. The traditional mode of travelling by tangas, bicycles, rickshaws, two wheelers is coming to gradual extinct except in the interiors of some localities.

2. Except for a few hours between midnight to dawn, one cannot see even a patch of earth but vehicles and vehicles either running or stranded in traffic jams on Delhi roads. This ever increasing vehicular explosion in traffic is due to the rapid increase of human population primarily due to continuous migration of people in search of their livelihood from adjoining states and from far flung areas. In this unmanageable crowd, what we have















































































































































































































































































































































































































































































































































































































































































































































































































































































































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