SUKHDEV SAHAI Vs. DISTRICT MAGISTRATE DELHI

JUDGEMENT

(1.) The present petition is filed under Article 226 of the Constitution challenging the validity of the order dated 11-5-1970 of the District Magistrate, Delhi, respondent No. 1 herein, passed under Section 33 of the Bombay Police Act, 1951 as extended to Delhi (hereinafter referred to as the Act), prohibiting the plying and parking of trucks on certain roads except during a specified period.

(2.) The petitioners, who are 37 in number, are carrying on business of transport of goods by trucks. They have their offices as well as their godowns in the following streets, namely,

(3.) It would appear that for the first time, respondent No. 1 passed an order dated 19-9-1967 prohibiting the plying and parking of trucks on various roads including those where the petitioners have their offices and godowns from 08.00 hours to 12.00 hours and from 16.00 hours to 20.00 hours. The petitioners and others, who were affected by this order, made representations to respondent No. 1 as a result of which the latter, by his order dated 16-11-1967, modified his earlier order to this extent, namely, that the plying and parking of trucks was prohibited from 08.30 hours to 10.30 hours and from 16.30 hours to 20.00 hours. Then, on 11-5-1970, respondent No. 1 passed the impugned order prohibiting the plying and parking of trucks on the roads in which the petitioners have their godowns except during the period 12 noon to 4 P. M.