RAJINDER SINGH Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) THE present petition is filed by the petitioner praying inter alia for quashing of the order dated 08.10.2004 passed by the respondent No.1/Commissioner of Police (Traffic), Delhi, de -notifying and cancelling the Taxi Stand opposite Panchsheel Club, New Delhi on the ground that the said Taxi Stand was found to be causing obstruction to the pedestrian movement and hindrance to the movement of traffic.

(2.) NOTICE was issued on the present petition vide order dated 01.11.2004, on which date, an interim order was passed staying the operation of the impugned order dated 08.04.2004. The said interim order has been continued from time to time. On 27.09.2010, it was contended on behalf of the petitioner that the power to relocate and remove the Taxi Stand vests with the District Magistrate under Rule 76 of the Delhi Motor Vehicles Rules, 1953 and thus respondent no.1/ Deputy Commissioner of Police, Traffic was not competent to pass the impugned order. However, respondent no.1, averred in its counter affidavit that the powers to be exercised by the District Magistrate are now to be exercised by the Dy. Commissioner of Police. On 27.9.2010, counsel for respondent no. 1 had stated that he would produce the relevant documents to demonstrate that the Dy. Commissioner of Police, Traffic was empowered to de -notify the Taxi Stand. After completion of pleadings, on 19.04.2011, respondent no.1/Delhi Police was directed to revisit the area along with the petitioner to assess the traffic situation at the spot where the Taxi Stand exists.

(3.) ON the last date of hearing on 17.02.2012, counsel for the petitioner had submitted that while the petitioner did not claim a vested right in the taxi stand in question in terms of the order dated 28.08.1975 passed by the District Magistrate notifying the subject taxi stand, if this Court was inclined to accept the submission made by respondent No.1/Delhi Police that the present location of the taxi stand is a bottleneck point and is obstructing smooth flow of traffic, respondent No.1/Delhi Police be called upon to identify alternate sites in the vicinity that could be designated as parking bays for taxis for the purpose of 'halt and go'.