Full Text
HIGH COURT OF DELHI
Date of Decision: 9th December, 2022
SH. SUBHASH CHANDER VERMA AND ANR. ..... Petitioner
Through: Mr. Divye Puri, Advocate for P-2 (M-
8285820203)
Through: Mr. Rishikesh Kumar, ASC, GNCTD with Mr. Aditya Raj, Advocate for R-
1&2 (M-7073011531)
Mr. Mohak Bhadana, Advocate for R- 5&6 (M-9810613822).
Mr. Tarun Agarwal & Mr. Rishabh Sharma, Advocates for R-7 (M-
9811485063).
Mr. Rishikesh Kumar, Advocate along with ASI Shailendra (Traffic Police)
(M-8447676751)
JUDGMENT
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, reads as under:
10. Objections have been filed by the Petitioners to the above status reports filed by the Traffic Inspector, as also, the Respondent No.4 - EDMC. Photographs have also been placed on record by the Respondent No.7 - Society to show the general state of affairs in the area, at the time of opening and closing of the Respondent No.5 - School.
11. This Court has perused the record. A perusal of the photographs placed on record shows that there is no doubt that the movement of traffic and the situation outside the Respondent No.5 - School, particularly at the time of opening and closing, appears to be quite chaotic. The parking of vehicles outside the premises of the School, as also, the manner in which the students are required to cross the roads, could also pose a danger to the students.
12. However, considering the stand taken by the Respondent No.5 - School today, as also, the fact that a large number of students must be studying in the School, it is deemed appropriate to issue the following directions: i. The Principal of the Respondent No.5 - School, along with, the Chairperson of the Respondent No.6 - Managing Committee, shall hold an interaction with the residents of the concerned area, as also, the representatives of the Parents Teachers Association of the School. ii. The first meeting, in this regard, shall take place in the precincts of the Respondent No.5 - School itself, on 20th December, 2022, at 3:00 p.m. iii. During the said meeting, it shall be ensured that a proper protocol is drawn up to regulate the parking of vehicles, as also, the movement of the students to and from the premises of the School. The manner in which the parents/guardians can pick-up and drop their respective wards shall also be addressed during the course of the said meeting. iv. In addition, a site shall be identified for the parking of the vehicles of the said parents/guardians. v. The concerned Traffic Inspector, Vivek Vihar Circle, Delhi shall also be present at the said meeting. vi. Once the said protocol is drawn up, the same shall be widely circulated to all the students and their parents/guardians, as also, to the residents of the concerned area, to ensure that any violation of the said protocol would be immediately brought to the notice of the Respondent Nos.[5] - School and Respondent No.6 - Managing Committee, and action can be taken in respect thereof. vii. If the residents of the concerned area have any other grievances, in respect of the school related traffic, the same shall be entertained by the Principal of the Respondent No.5 - School, in an orderly manner, at least for a period of three months after the said protocol is issued, so as to ensure adherence to the said protocol.
13. At this stage, ld. Counsel for the Respondent No.7 - Society, who also happens to be a resident of the concerned area, as also, ASI Shailendra, Vivek Vihar Traffic Circle, Delhi, submit that, as it appears from the photographs, the main reason for the chaotic traffic condition outside the School is due to the irregular parking of two-wheeler and four-wheeler vehicles. It is submitted that since the colony has only one entry and exit gate, the cars are parked right in front of the gate of the School which is very close to the Colony’s gate.
14. Ld. Counsel for the Respondent No.7 further submits that there are parking areas, which are at a walking distance from the School, where the vehicles can be permitted to be parked.
15. It is directed that this issue shall be sorted out in the first meeting itself, so that a consensus can be arrived at, as to the location where the vehicles shall be parked in future. Alternatively, the Respondent No.6 - Managing Committee shall also consider if an entry and exit gate can be opened on the park side of the School, so that the exit and entry into the residential society is not hampered.
16. Let a status report be filed by the Respondents in this regard.
17. List on 24th February, 2023.
18. Order dasti.
PRATHIBA M. SINGH JUDGE DECEMBER 9, 2022 Rahul/AD