Abdul Rasheed Quereshi v. Union of Esidia & Ors.

1. This writ petition makes a grievance that there is no connectivity between Chauhan Patti village (near Sonia Vihar) to Burari. In this regard, ithas been pointed out that there is a single lane barrage over the Yamuna river, being used as a bridge connecting Kashmiri Gate ISBT to Shastri Park for crossing the road by over 10 lakhs commuters, which is inadequate for the W.P.(C)No.4242/2017 Page 1of[6] 2017:DHC:8641-DB traffic it talces.

2. In view of the extreme inconvenience faced by the commuters, the writ petition seelcs the following prayers: "7. Issue/pass directions more specifically to respondents 1 and[2] to construct one or more bridges up stream of Yamuna beyond/after the Wazirabad barrage (bridge).

2. Direct respondents to construct a six lane bridgefrom Chauhan Patti Village, near Sonia Vihar, to Burari.

3. Direct respondents to increase the width of existing WazirabadBarrage to six lanes.'

4. Direct respondents to Implement a 24 hour no entry for commercial vehicles over the Wazirabad Barrage.

5. Direct respondents to provide of a temporary pontoon Bridge over Yamuna River for light traffic vehicle to supplement the currently used Wazirabad Bridge."

3. In response to the notice to show cause, a status report dated 25^*^ August, 2017 has been filed by the Traffic Inspector, Khajuri Khas Circle pointing out the extreme difficulties as under: "/? is submitted that Wazirabad Bridge is the only two lane barrage for the commuters residing nearby the area and the Trans Yamuna Area to go to New Delhi. Afterpassage oftime, traffic congestion increased due to the dense population in the North East Area. No alternate bridge has been constructed to ease out the congestion. As per PWD Engr. the width of Wazirabad Bridge is W.P.(C) No.4242/2017 Page 2 of[6] J

11.95 Mtrs (including 3 Mtrs footpath for pedestrian on the downstream and 1.60 Mtrs footpath for the pedestrian on the upstream). Only 7.30 Mtrs. is used for the vehicular moment (sic. movement). The bridge is approx. Halfkm long. Approx. 1 Lacs vehicles ofall kind such as buses, HTVs, LGVs, Car, two wheelers, TSRs, slow moving traffic passes through this Bridge during the day (8amto 10 am&8pm to10pm). Apart from this 1 thousandpedestrians also use this bridge to reach their destinations. It worthwhile mentioned here that Wazirabad Bridge is two lanes and the road connected to the Wazirabad Bridge from Khajuri to Wazirabad are four lanes in order to regulate the smoothflow oftraffic at Wazirabad and Ring Road to Wazirabad are regulated manually. Since the volume oftrafficfrom Khajuri to Wazirabad is very high in the morning and the volume of traffic from Ring Road to Wazirabad is very High in the evening, hence one way traffic system was adoptedfrom 8 AMto 10AMfrom theKhajuri Chowk to Wazirabad and 8 PM to 10 PMfor the traffic from Ring Road to Wazirabad. Such decision has been taken by the traffic Police in the public Interest andmoreparticularly in the interest ofthe commuters who reside in the nearby area. It is important to mention through such regulation/restriction that traffic passesthrough such narrow bridge successfully. It is further submitted that, 01 Zonal Officer and 04 Constables are deployed to Wazirabad Bridge in Khajuri side in each shiftsfrom 7AMto 3 PMandfrom 3 PM to 11 PM to regulate the traffic smoothly and sufficient staffs are also deployed in Wazirabad side too. It is pertinent to mention here that a request was sent to PWD on 06.12.2016 to construct thepontoon Bridge near the Wazirabad Bridge but the request was turned down because the site where earlier pontoon Bridge was installed is now in use for construction of Signature Bridge, hence, for last 3 years no pontoon bridge has W.P.(C) No.4242/2017 Page 3of[6] been erected/installed there. It4s also worth to mention that Signature Bridge is under construction near to the existing, Wazirabad Bridge since

2010. It is not yet finished even after the lapse of the target ofcompletion." (Emphasis suppHed)

4. The respondent No.8-Delhi Police (Traffic) has also pointed out that earlier pontoon bridges were installed for crossing the Yamuna river for periods other than monsoon. However, for the last three year, there is no provision for any such bridges., 5. The respondent No.4-Delhi Development Authority had made the following disclosure in its counter affidavit: "(5. As regards the Roads, Bridges etc., the PWD, GNCTD is the implementing agency and the road owning agency and the planning, designing, construction and maintenance ofthe same is the responsibility ofthe said Department. The management of the traffic is the domain ofthe Police Department. As already submitted, both the above department have been impleaded as the parties in the writ petition vide the order passed by this Hon 'ble Court. In respect ofParas 7(1) and (II), it is submitted that the same are matter ofrecord. In respect ofpara 7 (III) and (IV), the matter pertains to PWD, GNCTD. The answering respondent further submits that the Unified Traffic and Transportation Infrastructure (Planning & Engineering) Centre (UTTIPEC) was set up by Delhi Development Authority in exercise ofpowers conferred by the act notified in the Gazette of India Extraordinary vide S.O. No.1903 (E) W.P. (C) No.4242/2017 Page 4 of[6] dated 31.07.2008, with the purpose of studying and coordinating the norms and standards for planning and engineering practices in Traffic and Transporation. On 27.08.2013, PWD vide its letter no. 23(Misc.)/F- 12/PWD/285 had requestedfor consideration ofTerms of Reference (TOR)for improvementplan ofthe corridors - Pusta No.3 to Chandgi Ram Akhara, Sonia Vihar to Jagatpur and Sabhapur to Sant nagar Burari, near GT Road. In response, the UTTIPEC has forwarded the terms ofreference vide its letter dated 29.08.2013 to the Project Manager, Flyover Project Circle F-12, PWD, GNCTD. The necessary actions/decision in furtherance • ofthe same has to be taken by the PWD, GNCTD. A true copy ofthe letter dated 29.08.2013 is annexed hereto and marked as Annexure R-1."

6. The Delhi Development Authority has enclosed a document dated 29^^ August, 2013 on the subject ""Terms ofReference (TOR) for Integrated Transit Corridor Development and Street Network/Connectivity Plan for the corridor/influence zone alongwith detailed design of all intersections and mid-sections based on trajfic andfeasibility studies for the corridor/network". Amongst three corridors, Sonia Vihar -Jagatpur corridor has been listed in this communication. This communication stands addressed to the Project Manager, Flyover Project Circle F-12, PWD, GNCTD, Ramesh Park, New Shakarpur Police Station, Delhi-110092.

7. It would appear that despite the gravity of the situation and the extreme difficulties faced by the citizens of this area of Delhi, Public Works Department, Govt. ofNCT of Delhi has not moved a W.P. (C) No.4242/2017 Page 5 of[6] single step even towards undertaking the planning for providing any facility to mitigate the difficulties ofthe commuters.

8. It is not open for this Court to undertake or prescribe measures for construction of bridges, roads, etc. This is purely the task of the concerned authorities.

9. In view of the above, we dispose of this writ petition with a direction to the Govt. of NCT of Delhi through its Chief Secretary. to ensure that an examination is undertaken with regard to the problems flagged by the petitioner to ensure that steps are taken towards the difficulties of the commuters who seek to cross the Yamuna river at the areas mentioned in the writ petition.

10. The decision which is taken by the GNCTD shall be communicated to the petitioner within four months from today and action thereon taken thereafter.