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2018 Supreme(Del) 2918
IN THE HIGH COURT OF DELHI AT NEW DELHI
G.S. SISTANI, JYOTI SINGH, JJ.
Paardarshita Public Welfare Foundation (NGO) - Petitioner
Versus
Commissioner South Delhi Municipal Corporation & Ors. - Respondents
W.P.(C) 5023 of 2015 & CM APPL.2148 of 2018, 2149 of 2018, W.P.(C) 10372 of 2017 & CM APPL. 14866 of 2018, 23085 of 2018
Decided On : 29-10-2018
For the Petitioner: Mr. Harkrishan Das Nijhawan, General Secretary
For the Respondent:Mr. Gautam Narayan, ASC for GNCTD with Ms. Shivani Vij, Mr. Mahamaya Chatterjee, Mr. Nitish Kumar and Mr. Manish Dua, Advocates, Mr. Jagdish Sagar, Advocate, Mr. B.S.Dhir and Ms. Yashika Vij, Advocates, Ms.Eshita Baruah, Adv. for Mr. Gaurang Kanth, Advocate, Mr. Rajneesh Vats, SC and Mr. Tushar Sannu, Adv., SI Vinod Dabas, SI Jagmeshwar Dayal, Parvi Officer (Traffic) and Inspector (Traffic), Rajender Kumar, TI, R.K.Puram, Mr. Ajay Arora and Mr. Kapil Dutta, Advocates, 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.
The main legal point established in the judgment is the need for stringent measures to address traffic issues, maintain discipline, and ensure safety, emphasizing the rights of citizens and the duties owed to society.
Headnote:
Traffic Conditions - Traffic Regulation - [Delhi Police Act, 1978 - Section 115, Delhi Municipal Corporation Act, 1957 - Section 120A, Motor Vehicles Act, 1988 - Section 177, 179, 180] - The court addressed the traffic conditions in the Karol Bagh area, focusing on issues such as indiscriminate parking, hindrance to pedestrian movement, and potential security hazards. The court considered the reasons for loading/unloading during the day, the impact on traders and shopkeepers, and the need for security measures. It issued directions to restrict loading/unloading to specific timings, provide security arrangements, and regulate parking, emphasizing the need for stringent measures to maintain discipline and safety.
Fact of the Case:
The petitioners raised concerns about traffic conditions in the Karol Bagh area, highlighting issues such as indiscriminate parking, hindrance to pedestrian movement, and potential security hazards. The court considered the impact on traders and shopkeepers, as well as the need for security measures.
Finding of the Court:
The court found that stringent measures were necessary to address the traffic issues and maintain discipline and safety. It issued directions to restrict loading/unloading to specific timings, provide security arrangements, and regulate parking.
Issues: The issues included indiscriminate parking, hindrance to pedestrian movement, security hazards, impact on traders and shopkeepers, and the need for traffic regulation and discipline.
Ratio Decidendi: The court emphasized the rights of citizens and the duties owed to society, highlighting the need for stakeholders to recognize the benefits of change. It considered the impact of restricting loading/unloading timings, the availability of transporters and loaders, and the importance of security measures.
Final Decision: The court directed the restriction of loading/unloading to specific timings, provision of security arrangements, and regulation of parking. It emphasized the need for stringent measures to maintain discipline and safety.
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:
IMAGE
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:
IMAGE
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:
IMAGE
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 cha
