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2007 DIGILAW 659 (DEL)

COURT ON ITS MOTION v. UNION OF INDIA

2007-03-26

H.R.MALHOTRA, SWATANTER KUMAR

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SWATANTER KUMAR, J. ( 1 ) CERTAIN submissions were made during the pronouncement of the judgment on behalf of various authorities and particularly the Government of NCT of Delhi and Union of India, praying for issuance of certain further directions to put the matter beyond ambiguity and to fix the responsibility of concerned departments. ( 2 ) WE are of the considered view that in order to ensure complete implementation of the directions and also not to pass orders, which would come in conflict with the orders passed by the other Courts, we also issue the following directions :- (i) The competent authority shall notify proper speed limits for different routes. Till such notification is issued, the speed limit for roads inside delhi would be 45-50 kms per hour while in respect of the roads having 3-4 lane dual carriage, the speed would be 55 kms- 60 kms. per hour. This will be the speed limit for light motor vehicles, while for heavy motor vehicles, it would be 35-40 kms. per hours in Delhi city and for the roads having 3-4 lane dual carriage, the speed would be 45-50 kms. Once the notification is issued by the competent authority, after taking into consideration the recommendations of the committee appointed under this judgment, this direction of the Court would be deemed to be ineffective. (ii) The Committee constituted for framing the time table shall take into consideration the above speed limit while fixing the time for arrival and departure of buses from their respective destinations. (iii) It has been mentioned by the learned counsel appearing for the government of NCT of Delhi that in furtherance to the orders passed by the High court in another writ petition, the appropriate authority had invited tenders and have now permitted the successful tenderer to purchase 15 buses, which are not low floor buses. It is also mentioned that these buses will have a very limited route i. e. within Chandni Chowk area and will be slow speed CNG buses. They have been introduced primarily with the object to completely remove cycle-rickshaw from the roads in Chandni Chowk area. 2. In view of the above exceptional circumstances and the fact that these buses have already been purchased, as one time concession, we permit these buses to ply only in Chandni Chowk Area. They have been introduced primarily with the object to completely remove cycle-rickshaw from the roads in Chandni Chowk area. 2. In view of the above exceptional circumstances and the fact that these buses have already been purchased, as one time concession, we permit these buses to ply only in Chandni Chowk Area. Henceforth, all concerned authorities and delhi Administration would be bound by the directions contained in the judgment. (iv) The bus-bays will be the collective responsibility of the DTC, the road constructing agencies including MCD/ndmc/pwd. We make it clear that they would act collectively and ensure that inter-departmental problems are not permitted to obstruct the compliance of the directions issued by the Court. Seniormost Officers of these departments shall meet and prepare one time-limit scheme for construction of bus stands with bus-bays within two weeks from today. (v) The enforcing agencies, particularly the traffic police shall ensure that vehicles, which are not registered in Delhi and are plying in Delhi, are also effectively challaned, if they violate any of the directions contained in this judgment. (vi) The Joint Secretary, Ministry of Home, Govt. of India shall also be the member of the Committee constituted to examine the perception of threat of security. (vii) All the Committees constituted under the judgment and this order shall hold a collective meeting on 2nd April, 2007 in the office of the senior-most officer, who is member of any or all the Committees. This joint meeting shall decide the entire course of action for strict adherence and compliance to the directions contained in the judgment and in this order. Minutes of the committee should be sent to the Registrar General of this Court immediately thereafter. (viii) Counsel appearing for different parties have also stated that to make the challaning more effective and practical, the administration should empower the Head Constable to challan the vehicles. We direct the competent authority in the Govt. of NCT of Delhi to consider this aspect and take appropriate steps in accordance with law.