Shashwat Bhardwaj v. Govt. of NCT of Delhi and Ors.

Delhi High Court · 01 Nov 2019 · 2019:DHC:5690-DB
D.N. Patel; C. Hari Shankar
WP(C) No.11252/2019
2019:DHC:5690-DB
constitutional petition_dismissed

AI Summary

The Delhi High Court declined to quash the odd-even vehicular scheme, directing the government to expeditiously decide the petitioner’s pending representation challenging the scheme under Article 14.

Full Text
Translation output
WP(C) No.11252/2019 HIGH COURT OF DELHI
Date of Decision: 01.11.2019 W.P.(C) No.11252/2019 & C.M. No.46327/2019
SHASHWAT BHARDWAJ ..... Petitioner
Through Petitioner in person.
VERSUS
GOVT. OF NCT OF DELHI AND ORS. ..... Respondents
Through Mr.Sanjay Jain, ASG with Mr.Sanjoy Ghose, Adv. & Mr.Naman Jain, Adv. for R-1/GNCTD.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT
D.N. PATEL, Chief Justice (Oral)
W.P.(C) No.11252/2019 & C.M. No.46327/2019 (for stay)

1. This petition has been preferred with the following prayers:- (a) Issue a writ of Certiorari thereby, quashing the decision of the Respondent of enforcing the odd even scheme in Delhi between November 4 -15, 2019 as the same is in violation of Article 14 of the Constitution of India. (b) Issue suitable writs/directions in the nature of mandamus and any other writs directing the sole Respondent herein to set up an expert committee that may, apart from senior bureaucrats, also comprise of representatives of the Bar, to conduct 2019:DHC:5690-DB WP(C) No.11252/2019 a study on the viability of the said odd even scheme and any alternate arrangement that does not violate any fundamental right and also fills the void that the said scheme fails to take into account.

(c) any other writ, order or direction which may be deemed fit and proper under the facts and circumstances of the case and in the interest of justice be also passed in favour of the Petitioner and against the Respondent herein.”

2. It is submitted by counsel for the petitioner that the representation preferred by the petitioner is pending with the respondents. Learned Additional Solicitor General appearing for the respondent nos.[1] submitted that the said representation would be decided in accordance with law as early as possible and practicable.

3. In view of the aforesaid statement, we hereby direct the respondent no.1 to decide the representation of the petitioner (which is annexure P-2 to the writ petition), in accordance with law, rules, regulations and Government policies applicable to the facts of the case, as early as possible and practicable, preferably on or before 05.11.2019.

4. With these observations, this writ petition is hereby disposed of along with pending application.

CHIEF JUSTICE C.HARI SHANKAR, J NOVEMBER 01, 2019