Delhi High Court
Vinod Kumar Bansal vs Govt. Of Nct Of Delhi & Ors. on 11 February, 2015
Author: Rajiv Sahai Endlaw
Bench: Chief Justice, Rajiv Sahai Endlaw
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 11th February, 2015.
+ W.P.(C) No.1977/2014, CM No.4126/2014 (for stay) & CM
No.2397/2015 (for directions)
VINOD KUMAR BANSAL ..... Petitioner
Through: Mr. Sitab Ali Chaudhary, Mr.
Anupam Srivastava & Mr. G. Ali,
Adv.
Versus
GOVT. OF NCT OF DELHI & ORS. ..... Respondents
Through: Ms. Zubeda Begum, Standing
Counsel (GNCTD) for R-1,7 & 6.
Mr. Anil Grover, Standing Counsel
and Ms. Divya Jain, Adv. for R-2.
Mr. Ajay Arora, Mr. Kapil Dutta, Mr.
Yashwardhan S. Rathore with Mr.
Jagat Rana, Adv. for R-3.
Mr. Anshumaan Bahadur for Mr.
Gaurang Kanth, Adv. for SDMC.
SI Udai Singh (Traffic / Hq.)
Mr. Arjun Pant with Mr. Abhishek
Chauhan, Adv. for R-8.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
RAJIV SAHAI ENDLAW, J.
1. This petition under Article 226 of the Constitution of India, filed as a Public Interest Litigation, though was filed claiming several reliefs but vide order dated 26th March, 2014 was entertained and notice thereof issued only W.P.(C) No.1977/2014 Page 1 of 15 qua reliefs (a), (b), (c), (d) & (g) and which are as under:-
"a) Appropriate writ, order / directions in the nature of mandamus or any other appropriate writ directing the Respondents to reserve and provide parking spaces to physically challenged persons, close to the entrances, in terms of MPD 2021;
b) Appropriate writ, order / directions in the nature of mandamus or any other appropriate writ, directing the Respondents to install auditory signals at red lights in the public roads for the benefit of persons with visually handicap as mandated on the State under the persons with physical disability under the Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995;
c) Appropriate writ, order / directions in the nature of mandamus or any other appropriate writ, directing the Respondents to cause curb cuts and slopes to be made in pavements for the easy access of wheel chair users and further direct engraving on the surface of the zebra crossing for the blind or for persons with low vision and further direct to make ramps in public buildings as mandated on the State under the persons with physically disability under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995;
d) Appropriate writ, order / directions in the nature of mandamus or any other appropriate writ directing the Respondents to remove forthwith the illegal parking of cars, vehicles & other encroachments including hoarding and boarding etc. on footpaths & pavements in Delhi and further direct to remove the cars / vehicles from the streets and roads in the major markets in Delhi; and,
g) Appropriate writ, order / directions in the nature of mandamus or any other appropriate writ directing the W.P.(C) No.1977/2014 Page 2 of 15 Respondents to implement the relevant provisions of MPD 2021, in its letter and spirit in Delhi, regarding parking, roads & transportation systems in Delhi."
2. The respondent no.6 Delhi Traffic Police has filed a reply stating that it has provided 857 traffic signals and 401 traffic blinkers in Delhi for ensuring smooth flow of traffic and safety of pedestrians and other road users; a total of 57 traffic signals have been provided with auditory devices for the safety of visually handicapped persons and in addition 35 locations have been identified for providing auditory signals. It is further stated that at locations on roads where there is a continuous flow of traffic, 22 pelican traffic signals and 36 pedestrian traffic signals are functional which have the facility to provide adequate time in the signal cycle to pedestrians in safely crossing the roads. It is yet further stated that 96 signals with pedestrian aspects have been installed and it is envisaged to provide pedestrian aspects on nearly all the signals. With respect to removal of illegal parking it is stated that regular action is taken and the offenders prosecuted and necessary signage boards of "No Parking and "Tow-away Zone" have been installed at appropriate places. Particulars of the prosecutions launched in the year 2013 and up to 30th April, 2014 have also been furnished. Similarly, with respect to the grievance urged of encroachment on the road by second hand car W.P.(C) No.1977/2014 Page 3 of 15 dealers, it is stated that action against them is also being taken. With respect to other encroachments on pavements also it is stated that a special drive in coordination with the civic agencies has been launched, 567 encroachments removed, action against 180 vendors taken, 159 vehicles have been towed away and 1074 vehicles have been challaned and 145 notices for obstructive parking issued. It is further assured that maximum number of traffic personnel are deployed at all strategic intersections and locations.
3. The respondent no.8 DDA in its counter affidavit stated that it is not concerned with the subject and it is the Unified Traffic and Transportation Infrastructure (Planning and Engineering) Centre (UTTIPEC) a body constituted vide Notification dated 31st July, 2008 in exercise of powers under Section 57 of the Delhi Development Act, 1957 which is responsible for developing a comprehensive integrated programme for traffic and transportation projects.
4. The respondent no.4 South Delhi Municipal Corporation in its counter affidavit has stated that necessary directions have already been issued to provide reserved parking space to physically challenged persons close to the entrances and earmark the space with the sign board as per guidelines of MPD-2021.
W.P.(C) No.1977/2014 Page 4 of 15
5. The respondent no.2 New Delhi Municipal Committee in its counter affidavit has stated, (i) that the work of installation of auditory signals at red lights within its jurisdictional area is being undertaken in a phased manner;
(ii) that for the convenience of persons under disability almost all pavements / footpaths have curb cuts in them to allow access to wheelchairs and comfort of people on crutches and whenever any deficiencies are pointed out immediate action thereon is taken; (iii) that all zebra crossings have been made with engraving; (iv) all public buildings under its control have been installed with ramps along with side-rails for easy access of the persons with disability; and, (v) that the menace of illegal parking and encroachment is also dealt with on day to day basis.
6. Though the respondent no.1 Government of National Capital Territory of Delhi, respondent no.3 North Delhi Municipal Corporation, respondent no.5 East Delhi Municipal Corporation, respondent no.7 Commissioner of Police, Delhi have not filed any replies but after hearing the appearing counsels we are of the view that there is no need for keeping this petition pending any longer.
7. The petition, as would be obvious has been filed for seeking enforcement / implementation of the provisions of various laws, rules & W.P.(C) No.1977/2014 Page 5 of 15 regulations meant for ensuring freedom of movement to persons with disability. With respect to the reliefs on which the petition has been entertained, it is pointed out that, (i) though footpaths and pavements are meant only for pedestrians but remain blocked and are misused by shopkeepers / hawkers and also by parking of cars, scooters, motorcycles thereon thereby depriving the use thereof to pedestrians, especially persons with disabilities who are thus unable to use the same for walking / movement of wheelchairs, safe from the vehicles on road; (ii) similarly illegal hoardings, banners, posters, arches etc. put up particularly by shopkeepers on public places on roads, besides being an eyesore and nuisance also pose hazard in the movement of persons with disability; (iii) that curb cuts, ramps, for crossing roads and accessing pavements on wheelchair are missing at number of places and wherever exist, remain blocked by parked vehicles; and, (iv) no parking for persons with disability is provided at the entrance of buildings, hospitals, schools, universities etc. and wherever provided, remains encroached by vehicles of others and no action thereagainst is taken.
8. The counsel for neither of the agencies controvert the issue highlighting which the petition has been filed. However with respect to W.P.(C) No.1977/2014 Page 6 of 15 provision of auditory signals at traffic lights on public roads, the counsel for Delhi Traffic Police states that six months time is required for making all the requisite traffic signals in Delhi auditory.
9. Our own experience of the city of Delhi shows that at several places though slopes / ramps have been provided to enable access to wheelchairs or persons unable to use the staircase but merely for namesake, as the gradient thereof is very steep. The same amounts to paying only a lip service to the rules & regulations mandating provision thereof. We take this opportunity to draw the attention of all the concerned agencies thereto and to standardise the gradient of the ramp to ensure efficacy thereof. Similarly, at other places we find the ramps to be inaccessible owing to the storm water drain on the sides of the roads and which acts as a barrier between the road and the ramp leading to the pavement; rather what is found is that the ramps are used by vehicles, especially two wheelers for access to the pavements to drive thereon to avoid the congested roads.
10. We have also experienced that existence of multiple agencies undertaking different tasks with respect to roads also acts as an impediment. It appears that the work of construction / maintenance of roads, storm water drains, pavements, public parking spaces, installation of signages and other W.P.(C) No.1977/2014 Page 7 of 15 street furniture on roads / pavements is spread over several agencies / departments viz. PWD, the four Municipal Corporations, Horticulture Department, Flood Control Department, UTTIPEC etc. Besides, other agencies like electricity, telephone, cable TV and gas companies / departments, from time to time carry out works on roads / pavements. Often it is found that such agencies dig up a road for laying cables / pipes or for installation of street furniture etc. immediately after the road / pavement has been re-laid. There appears to be no coordination. The problem is compounded with certain other works being now also undertaken under the Local Area Development Fund Scheme by the concerned legislator. There appears to be no nodal agency. The use of such roads / pavements is regulated by yet another agency i.e. the Traffic Police. All this comes in the way of optimum and intended use of our roads / pavements, with the same being congested, dusty, blocked, uneven and full of potholes, impeding movement thereon.
11. The aforesaid state of affairs belies the expectation of a citizen from the State, of providing the necessary infrastructure for exercise of the right of movement from one place to another and which is an essential State function.
W.P.(C) No.1977/2014 Page 8 of 15
12. The existence of plethora of authorities / bodies to deal with the various facets / functions over a given area / zone and the further division of responsibility even within each of such authority / body amongst several officials, results in not one person being responsible or accountable for the proper upkeep and maintenance of any area / zone and the resultant non- governance or deficiency in governance. Accountability is one of the ingredients of good governance. Though the Supreme Court also in In Re:
Special Reference No.1 of 2012 (2012) 10 SCC 1 has held that every holder of public office by virtue of which he acts on behalf of the State, is ultimately accountable to the people in whom sovereignty vests but what is found is that for the reason of the said accountability / responsibility vesting not in a single person but collectively in several, in the event of non-
performance, none is accountable, with the buck being passed from one to another.
13. We have wondered, why one official cannot be responsible for all facets with respect to a defined stretch of road or defined area / zone, to be accountable for all deficiencies, of whatsoever nature thereon. It is sad that despite expending huge funds and the best intention of the officials / employees, the city is not able to achieve the world class status to which it W.P.(C) No.1977/2014 Page 9 of 15 aspires.
14. The main reason, according to us, of failure of this facet of governance is, continuance even today of tools / schemes / systems / policies of governance and administration which were devised over half if not over a century ago. The tools / schemes / systems / policies of governance / administration which may have been effective then, have with the vast expansion of the city and its population and the increased demands, today failed. No attempt to bring in new / modern tools / schemes / systems / policies to combat the present day issues, appears to have been made. Though we regularly hear and read of fortunes of large businesses changing with introduction of new management techniques, to our knowledge no such attempt or thought even has been made / given vis-a-vis management of the city. It is not for nothing that business houses, at huge costs, hire management consultants to, after studying their existing management systems, suggest changes for optimising efficiency and profits. We do not see any reason as to why the same cannot be done vis-a-vis a city. The governance of a city is not completely divorced from the management of a large corporation. What works for corporations, in our view should work for the city also.
W.P.(C) No.1977/2014 Page 10 of 15
15. We however hasten to add that we are not and cannot even claim to be experts on this subject. We, in fact cannot even be sure whether such an exercise has already been undertaken or not. We however use the platform of this judgment to draw the attention of the governmental agency to the issue and the urgent need for change. The Supreme Court in Md. Abdul Kadir Vs. Director General of Police (2009) 6 SCC 611 held that where an issue involving public interest has not engaged the attention of those concerned with policy or where the failure to take prompt decision on a pending issue is likely to be detrimental to public interests, Courts will be failing in their duty if do not draw attention of the concerned authorities to the issue involved, though not making a policy, but acting as catalyst for change.
16. However, considering the status of the city of Delhi, we feel that undertaking of such an exercise without involvement of the Union of India (which is not a party to this petition) may not serve any purpose. The new tools / schemes / systems / policies for administration / governance of the city will have to be devised in consultation with all the governmental agencies having a role to play in Delhi and within the ambit of the Constitutional status of the city. We are sure that a competent think tank / consultant assigned the said task would be able to devise a structure / scheme / system for better administration / governance of the city.
17. We accordingly, in the first instance direct the Secretary, Ministry of Home Affairs, Government of India and the Chief Secretary, Govt. of NCT of Delhi to present their views in this respect before us by filing affidavits, within a period of four weeks from today including as to the consultant / think tank / expert who / which can be entrusted with the said task. W.P.(C) No.1977/2014 Page 11 of 15
18. As far as the grievance in this petition, of encroachment of the payments by unauthorizedly parked vehicles, hawkers, vendors, kiosks, unauthorized banners, billboards is concerned, while we do appreciate that there can be no 24 hour policing but at the same time, the citizens are not provided with an efficacious remedy to draw the attention of the agency concerned to the menace and whenever the citizens do muster up the courage to complain, the response / action thereon is so dissatisfactory as to dissuade a second complaint. We are of the view that without involving the citizens in the process, the said menace cannot be controlled. To encourage the citizens to get involved we are of the opinion that if a telephone number/e-mail address or other user ID for cross-platform mobile messaging applications for receiving images/videos of violations and encroachments of facilities for the disabled, for each smaller area / zone of the city is advertised and displayed at prominent places for lodging complaint against the said menace, the same, in these days of nearly everyone carrying cell phone, will go a long way in controlling the menace. However the endeavour of the citizens to complain should not be allowed to go waste. Only if a citizen sees action being taken on his / her complaint, will he / she be encouraged to complain in future also. We are of the view that making one person responsible for each smaller zone would help in this also in as much as upon action on the complaint being not taken, the citizen will know who is guilty therefor.
W.P.(C) No.1977/2014 Page 12 of 15
19. We accordingly dispose of this petition with the following directions:-
(a) all the concerned agencies to within six months hereof, in each of the parking spaces presently available, reserve parking space/s most suitable for persons with disability and in sufficient number after assessing the need and to on the board reserving the said parking space itself also give the name and phone number of the person with whom the complaint with respect to misuse of the said parking space is to be lodged;
(b) feasibility of making a provision for action against the contractor / attendant of manned parking lots / places viz. of cancellation of contract etc. for allowing such reserved parking spaces to be used for parking by others be considered;
(c) feasibility of providing for identification of vehicles of persons with disability be also explored so that it can be identified whether the vehicle parked in the said reserved parking space is of a person with disability or of some other person;
(d) the process of installation of auditory signals at all traffic lights W.P.(C) No.1977/2014 Page 13 of 15 be completed within six months;
(e) all the concerned agencies to within the said time of six months ensure that all pavements are accessible to persons with disabilities, taking into consideration the observations made hereinabove;
(f) dedicated phone lines/ e-mail address or other user ID for cross-
platform mobile messaging applications for receiving complaints/images/videos of blocking the access to the pavements by encroaching thereon be provided and the telephone number for each district be widely advertised for enabling the citizens to make complaints with respect thereto and the name of the person responsible for dealing with the said complaint and the time within which the complaint is to be dealt with shall also be provided;
(g) each of the concerned agencies to within four weeks hereof file affidavits in the Court naming the person responsible for complying with the directions issued by us and such person shall be responsible for non-compliance of the directions. W.P.(C) No.1977/2014 Page 14 of 15
20. The petition, to the extent of the reliefs claimed therein, is disposed of; no order as to costs. However vis-a-vis the direction given by us in para 17 above, list on 19th May, 2015.
RAJIV SAHAI ENDLAW, J.
CHIEF JUSTICE FEBRUARY 11, 2015 „pp‟ (corrected & released on 25th March, 2015) W.P.(C) No.1977/2014 Page 15 of 15