IN THE HIGH COURT OF DELHI
Prathiba M. Singh, J.
Subhash Chander Verma - Appellant
Versus
Government of NCT of Delhi - Respondent
W.P.(C) 2305 of 2019
Decided On : 09-12-2022
| Table of Content |
|---|
| 1. traffic congestion caused by school operations. (Para 2 , 5) |
| 2. acknowledgment of chaotic traffic conditions. (Para 8 , 9) |
| 3. court's direction for traffic management protocols. (Para 11 , 12) |
| 4. arguments regarding irregular parking issues. (Para 13 , 14) |
| 5. follow-up orders and future proceedings. (Para 16 , 17 , 18) |
JUDGMENT
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The present petition has been filed by two citizens who are residents of Dayanand Vihar, Delhi - Sh. Subhash Chander Verma and Sh. Jai Kishan Gaur, complaining against the chaotic condition of traffic outside the premises of Respondent No.5 - S.R. DAV School, Dayanand Vihar, Vivek Marg Extension, Delhi, which is run by Respondent No.6 - DAV College Management Committee.
3. At the outset, ld. Counsel for the Petitioners submits that Petitioner No.1 has recently passed away. However, the present petition is being pursued on behalf of Petitioner No.2.
4. The Dayanand Cooperative House Building Society Ltd. of Dayanand Vihar, Delhi is also impleaded as Respondent No.7 in the present petition. The said Respondent No.7 is also supporting the case of the Petitioner.
5. A perusal of the present petition shows that the primary grievance of the Petitioners and Respondent No.7-Society is that there is only one gate to enter and exit the colony. The school is situated near the gate itself. The traffic condition in the said area is quite chaotic, particularly in the morning and afternoon, when the school opens and closes, and the residents are considerably harassed and disturbed by the same.
6. Notice was issued in this matter on 19th March, 2019. On the said date, counter affidavits and rejoinders thereto were called for, within four weeks and two weeks respectively.
7. Counter affidavits are on record. Status reports have also been filed by the concerned Traffic Inspector, Vivek Vihar Circle, Delhi, as also, the Respondent No.4 - East Delhi Municipal Corporation.
8. The status report filed by the concerned Traffic Inspector, Vivek Vihar Circle, Delhi, reads as under:
"It is submitted that DAV Public School, Dayanand Vihar is located in Dayanand cooperative House Building society, Dayanand Vihar, Delhi. There is a single Entry/Exit gate in the said locality. A lot of parents use to come to pick and drop their wards in the school on bikes/cars which results in congestion of traffic in the close vicinity of School. During the opening and closing time of school, traffic becomes little bit heavy. One ZO (Zonal Officer), one Head Constable and three constables are deployed at Dayanand Vihar who prosecutes the violators/vehicles violating traffic rules. They also takes the action against the vehicles found improperly parked on roads in the vicinity of School. Two cranes are also deployed for towing away the vehicles found improperly parked in the area at and around DAV School. Besides, one Motor Cycle (with one Zonal officer and one constable) has also been deployed for patrolling on the road i.e Bhartendu Harishchandra Marg, on which D.A.V School, Dayanand Vihar, is situated. Patrolling staff on motorcycle has been directed to prevent improper parking on roads in the close vicinity of DAV Public School. All the staff deployed have been briefed and sensitized to prevent improper parking on roads around DAV Public School, Dayanand Vihar and ensure smooth flow of traffic in the area. A total of 4951 vehicles were towed by the cranes and 18098 challaned for improper parking in the area of Vivek Vihar Traffic Circle area during the current year 2019 ( upto 31.07.2019).
It is worth mentioning here that it is not possible to deploy traffic staff on each and every School located in the area of Vivek Vihar traffic circle, Delhi.
However, undersigned is ready to abide by all the directions that the Hon'ble Court may choose to pass."
9. The status report filed by the Respondent No.4 - East Delhi Municipal Corporation,
AI
The court established that effective traffic management requires collaboration between educational institutions and the local community, particularly to ensure safety during peak times.
Statutory authorities are mandated to implement final and unchallenged decisions of regulatory bodies to ensure public safety and mitigate administrative inconvenience.
The Municipal Corporation's restriction on vehicle access was justified for traffic management, and petitioners must pursue statutory remedies for encroachments rather than writ petitions.
It cannot be said that the children of the petitioners are deprived of education in any manner more particularly, when better facility and more teachers are available in Primary School No. 2 (Fazalva....
No permission for permanent structure on water body pathway where prior order limited temporary use till specified date.
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