Vedpal & Anr. v. Govt. of NCT of Delhi & Ors.

1. This so-called Pubic Interest Litigation (PIL) has been preferred with the following prayers:- “a) Appropriate writ, order or direction in the nature of mandamus, thereby directing the Respondent No. 2 to 4 2019:DHC:5882-DB to install street lights in Rural Areas, Extended Abadis and unauthorized colonies on the existing poles without lights and also installations of new poles for street lights wherever necessary. b) Direct the Respondent No. 1 to allow and permit the Respondent No.2 to 4 to install street lights on existing poles without lights in Rural areas, Extended Abadis and unauthorized colonies and to allocate adequate and appropriate budget and to utilize the Nirbhaya Fund specially created by Government of India towards safety of women which includes lighting of dark spots. c) Direct the Respondents No. 2 to 4 perform their Obligatory functions as per provisions of Section 42 of Delhi Municipal Corporation Act, 1957. d) Pass such other and further order which the Hon'ble court may deem fit and proper in the fact and circumstances of the above case;”

2. Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, it appears that this is not a “Public Interest Litigaton” at all but in fact this is a “Publicity Interest Litigation”. Not a single specific area has been mentioned, where the lights are to be installed. General allegations have been made in this writ petition that respondents have not installed street lights at several places in Delhi but not mentioned any specific place, which the petitioner could have pointed out. Not even a single photograph has been annexed with the writ petition depicting any place, where lights should be installed. There are vague and general allegations covering the whole city of Delhi. Such directions, as prayed above, cannot be given by this Court. Even otherwise, the petitioners are Municipal Councilors of South Delhi Municipal Corporation. Moreover, the petitioners, being Municipal Councilors themselves, can always raise these grievances before the concerned Municipal Corporation. Pleadings in the writ petition are absolutely vague. Further, in general, looking to the city of Delhi, there are enough street lights. Thus, if any specific instance is brought out, remedial action can be initiated by the concerned respondent. Nonetheless, we hereby direct the respondents to look into the grievances ventilated by the petitioners and if there is any requirement to provide the street lights in the particular area, the same will be provided by the respondents in accordance with law, rules, regulations and Government policy.

3. With these observations, this writ petition is hereby disposed of.

CHIEF JUSTICE C.HARI SHANKAR, J. NOVEMBER 08, 2019 r.bararia