Justice for Rights Foundation and Anr. v. Union of India and Ors.

Delhi High Court · 17 Oct 2019 · 2019:DHC:5342-DB
D.N. Patel; C. Hari Shankar
W.P.(C) 9358/2018
2019:DHC:5342-DB
administrative petition_dismissed

AI Summary

The Delhi High Court dismissed the PIL seeking a ban on hazardous vehicle horns and silencers, noting ongoing enforcement actions by authorities and directing continued compliance with the law.

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W.P.(C) 9358/2018
HIGH COURT OF DELHI
Date of Decision: 17th October, 2019
W.P.(C) 9358/2018 and CM No. 36273/2018
JUSTICE FOR RIGHTS FOUNDATION AND ANR. ..... Petitioners
Through: Mr. Harpreet Singh Hora, Mr. Amit K. Sharma, Ms. Manpreet Kaur and
Mr. Satyam Singh, Advs.
VERSUS
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr. Vinod Diwakar, CGSC with Mr. Abhishek Bhati and Mr. Sayandeep Pahari, Advs. for R-1 and 6
Mr. Naushad Ahmed Khan, ASC(Civil)- GNCTD/R-2 and 3
Ms. Shilpi Satyapriya Satyam, Adv. for R- 4/CPCB
Mr. Biraja Mahapatra and Mr. Sumit Mishra, Advs. for R-5/DPCC
SI Ram Tirath, Pairvi Officer (Traffic)
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR O R D E R 17.10.2019
D.N. PATEL, CHIEF JUSTICE (ORAL)
JUDGMENT

1. This Public Interest Litigation has been preferred with the following prayers: 2019:DHC:5342-DB

“1. Ban the manufacture and sale of hazardous pressure horns, multi-toned horns, speakers/woofers, modified silencers on Enfield make bikes and other loud sound producing equipment fitted in vehicles plying unregulated in NCT of Delhi. 2. Ban the purchase and use of hazardous pressure horns, multi-toned horns, speakers/woofers, modified silencers on Enfield make bikes and other loud sound producing equipment fitted in vehicles plying unregulated in NCT of Delhi. 3. Pass such other and further orders as this Hon'ble court-may deem fit and proper in the facts and circumstances of this case.”

2. Having heard learned counsel for both the sides and looking at the facts and circumstances of the case, it appears that the main grievance ventilated in this petition is about the use of the pressure horns and modified silencers by the vehicle owners/occupiers and that too in a silence zone which ought to have been taken care of by the respondents.

3. We have heard learned counsel appearing for the Respondent No.3 who submits that detailed status report was initially filed by the Respondent No.3 in the month of July, 2019 and thereafter another status report has been filed on 16th October, 2019.

4. In view of these status reports, it appears that initially for the period between from 4th June, 2019 and 22nd July, 2019, 6315 motorists have been prosecuted for using pressure horns and 53 vehicle owners/occupiers have been prosecuted for using modified silencers.

5. Similarly, it further appears from the second status report dated 16th October, 2019 that for the period between 23rd July, 2019 and 8th October, 2019, as many as 6157 motorists have been prosecuted for using pressure horns and 390 motorists have been prosecuted for using modified silencers. Status report dated 16th October, 2019 is taken on record, copy thereof has also been given to counsel for the petitioner.

6. Moreover, it further appears from the status report filed in the month of July, 2019, a circular dated 3rd June, 2019 (Annexure A to the status report) is also issued by the Respondent No.3 and they are seeking action taken report in the format mentioned in the said circular in compliance with the directions passed by this Court vide judgment dated 26th March, 2007 in W.P.(C) 16565/2006 from the concerned supporting officers.

7. Thus in view of the aforesaid actions initiated by the respondents and looking at both the status reports, we see no reason to further monitor this case. Suffice it to say that the respondents shall continue taking actions as per their earlier status reports in accordance with law for redressal of grievances ventilated in this Public Interest Litigation.

8. With these observations, this writ petition is hereby disposed of. CM No. 36273/2018 (stay)

1. In view of the disposal of the writ petition, this application also stands disposed of.

CHIEF JUSTICE C.HARI SHANKAR, J. OCTOBER 17, 2019