Amer Vaid v. Government of Delhi and Ors.

Delhi High Court · 14 Nov 2017 · 2017:DHC:6934-DB
Gita Mittal; C. Hari Shankar
W.P.(C)No.9995/2017
2017:DHC:6934-DB
administrative petition_dismissed

AI Summary

The Delhi High Court dismissed a writ petition challenging metro fare fixation by a statutory expert committee, holding that such factual matters are not amenable to writ jurisdiction without prior representation.

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W.P.(C)No.9995/2017 HIGH COURT OF DELHI W.P.(C)No.9995/2017
Date of Decision: 14th November, 2017 AMER VAID ..... Petitioner
Through : Petitioner in person
VERSUS
GOVERNMENT OF DELHI AND ORS. ..... Respondents
Through : Mr. Sanjoy Ghose, ASC- GNCTD/R-1 with Ms. Urvi Mohan, Adv.
Mr. Kirtiman Singh and Mr. Momin Khan, Advs. for
R-2/UOI Mr. Manvendra Verma, Adv. for R-3/DMRC
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT
(ORAL)
GITA MITTAL, ACTING CHIEF JUSTICE

1. This writ petition seeks issuance of a writ to quash the metro fares recommended by the Fare Fixation Committee, constituted under the provision of Section 34 of the Delhi Metro Rail (Operation & Maintenance) Act, 2002. There is no dispute that the metro rail has enforced the recommendations. The petitioner has sought directions to the DMRC to re-evaluate the fares on the basis of introducing more 2017:DHC:6934-DB W.P.(C)No.9995/2017 distance zones complaining that the fixation is arbitrary and discriminatory.

2. Given the fact that the DMRC has implemented the recommendations of a statutorily appointed committee, we are not inclined to entertain this writ petition. Furthermore, the writ petition urges questions of fact regarding the distance and fares which an expert committee has assessed and this court does not have the jurisdiction to go into such intricate questions of fact. It is more important to know that the writ petitioner has filed this writ petition without making any representation to the respondents.

3. In view thereof, this writ petition is disposed of with a direction to the respondents to treat the writ petition as a representation and to take a view thereon. Dasti to parties.

ACTING CHIEF JUSTICE C.HARI SHANKAR, J NOVEMBER 14, 2017