V N SETHI Vs. STATE

JUDGEMENT

(2.) This letter was treated as writ petition by this court by order dated 16.1.2001 and MCD, DDA and NCT of Delhi were asked to explain their position and the criteria/guidelines regulating grant of permissions for raising of 'shamianas' on public roads. In the counter filed on behalf of NCT of Delhi, it is submitted that no such complaint was received by any police or traffic authority nor was any complaint regarding cutting of telephone or electricity lines or digging of roads received from MCD/DDA/PWD. It is, however, pointed out that guidelines for regulation of processions, meetings, etc. were formulated pursuant to orders of this court in Crl.W.P.No.2208/96 which were in force. Copy of circular issued in this regard has also been placed on record.

(3.) MCD has also denied that any of its authority had received any such complaint. It has all the same explained that three of its authorities - Director (Horticulture), Director (Community Centre) and Executive Engineers (Building) were dealing with granting of permissions for erection of 'pandals' and tents in the parks, community centres and open spaces on public land and private land. But no such permission was being granted for erection of 'pandals' or tents on public roads or ornamental parks. Apart from that, it was for the traffic police to deal with a complaint of traffic obstruction on roads.

(4.) Though both the NCT, Delhi and MCD have washed their hands off in the matter in a passing of the buok exercise, it is a matter of common knowledge that 'shamianas' and 'pandals' are raised even on roads during marriage season or elections with no holds barred causing considerable inconvenience to the public at large by obstructing free movement of people and free flow of traffic. It is also no secret that this at times happens within the gaze and knowledge of regulatory authorities. To deny this would be closing eyes to the reality. It is a different matter though that no formal complaints are lodged by the affected people before the authorities in this regard but that does not absolve them from doing their duty and enforcing the regulations in force.