SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Mamta Rani – Appellant
Versus
Government of NCT of Delhi – Respondent
JUDGMENT
1. The instant writ petition under Article 226 of the Constitution of India has been filed by the Petitioner as a Public Interest Litigation (PIL) seeking a writ of mandamus, order or direction to be issued to the Respondents to remove the blockades which have been put on the crossings of Mathura Road preventing a right turn while coming from the additional building of the Supreme Court of India either to the main building of the Supreme Court of India or to the High Court of Delhi. The prayers made by the Petitioner, by way of the instant PIL, reads as under:
"(a) Issue a Writ of Mandamus or any other appropriate Writ, order or direction to the respondents to remove the blockades which have been put on Mathura Road intersections preventing right turn while coming from additional building of the Supreme Court of India to either the main building of the Supreme Court of India or to the Delhi High Court.
(b) Issue a Writ of Mandamus or any other appropriate Writ, order or directions to the respondents identify make appropriate arrangements and changes on the roads throughout NCT of Delhi so that no common motorist who passes through the places like Roundabout near Krishi Bhaw
Courts should not interfere with policy decisions of the government in traffic regulation, and traffic control is the domain of the Traffic Police.
Petition under Article 226 directs timely consideration of representation without expressing merits.
The main legal point established in the judgment is the limited scope of Article 226 and the specific conditions required to interfere with the working of subordinate judiciary, as outlined by the Ho....
The High Court exceeded its writ jurisdiction by issuing directions on policy matters related to hospital maintenance and traffic management for ambulances.
Judiciary should respect executive decisions in public projects unless there is a clear breach of law or constitutional principle.
The main legal point established in the judgment is the precedence of public interest over private interest in matters concerning public infrastructure projects.
The construction of religious structures on public roads is strictly prohibited, and such unauthorized encroachments are subject to mandatory demolition by local authorities.
The court's decision was influenced by the absence of an order of injunction and the assurance from the Government Pleader that the authorities would proceed in accordance with the law regarding the ....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.