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HIGH COURT OF DELHI
W.P.(C)2029/2018
Date ofDecision:25'^September,2019 UMESH SHARMA Petitioner
Through: Mr.Vivek Kumar Tandon, Adv. with Mr.Siddhant Tyagi,Adv.
Through: Mr.Satyakam, ASC for R-1 & 2/ GNCTD.
Ms.Monika Arora, SC with Mr.Harsh Ahuja, Mr.Kushal Kumar, Mr.Praveen Singh, Advs. for
R-3/North DMC.
Mr.Mahender Kumar Bhardwaj,Adv.for R-5.
Mr.Sri Harsha Peechara, ASC with Mr.Mananjay Mishra, Ms.Kriti Sinha, Advs. for R-6/New Delhi
Municipal Council.
Mr.Manvendra Verma,Adv.for R-7/DMRC. S.I.I.D.Yad^v,Pairvi Officer,Traffic.
HON'BLE MR.JUSTICE C BtARlSHANKAR
JUDGMENT
1. This Public Interest Litigation has been preferred with the following prayers:- "1. Writ,order or direction in the nature ofMANDAMUS or any other appropriate writ, order or direction in favour of the petitioner and against the respondents thereby directing the respondent No.l to ensure the cancellation of registration all such vehicles which are rendered permanently incapable of being used and have been abandoned and parked at various public spaces. W.P.(C)2029/2019 Page 1 of[3] 2019:DHC:7382-DB / \y j
II. Writ,order or direction in the nature ofMANDAMUS or any other appropriate writ,order or direction in favour of the petitioner and against the respondents thereby directing the respondents to remove all the vehicles which are rendered permanently incapable of being run on the roads and ensure that vehicles are not parked on the pavements and walking space ofthe city by making adequate arrangements for free movement of the pedestrians in various areas ofDelhi."
2. Having heard the learned counsel for both the parties and looking to the facts and circumstances of the case, and also looking to the counter affidavits and status reports filed by the respondents, together with the orders passed by this Court in this writ petition, suffice will it be, for the disposal ofthis writ petition,to give directions to the respondents to remove the abandoned vehicles as early as possible and practicable from public roads,public premises,parking lots and from other unauthorized places.
3. Learned counsel for the,respondent^.,submitted that there are a variety ofauthorities who are working in the city,ofDelhi,for example,parking is maintained by Municipal Corporation, roads having width of more than 60 ft. are owned by Municipal Corporations and maintained by Public Works Department(PWD);registration ofVehidDs is;carried out by the Department of Transport of Government of NCT of Delhi. Therefore, removal of abandoned vehicles depends upon such owning agencies which may be Muneipal Corporation,Delhi Development Authority,New Delhi Municipal Council, Delhi Cantonment Board or Delhi Metro Rail Corporation (DMRC)etc. JV.P.(CJ 2029/2019 Page2of[3] v' V-
4. Learned counsel appearing for DMRC submitted that all the abandoned vehicles in their area have been removed,except24 vehicles,out ofwhich 23 are stolen vehicles and they are following up with Delhi Police regarding the removal ofthese vehicles.
5. Looking to the reports and the affidavits filed by the respondents, we direct the concerned respondent authorities to remove abandoned vehicles from public roads, public parking areas and from other public places, as early as possible and practicable. In case there is any stay granted by any competent Court or Tribunal, the sam^e shall be looked into scrupulously before the removal ofsuch vehicles. In relation to the abandoned vehicles, the respondents are also permitted to take actions like auctioning or deregistration of vehicles etc. in accordance with law, rules, regulations and Government policies applicable to thefacts ofthe case.
6. With these observations,this writ petition is disposed of. •'L V'" SEPTEMBER 25,2019 'anb' CHIEF JUSTIC C.HARI SH^_ r-'' W.P.