ECONOMIC TRANSPORT Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The petitioners in the instant petition have prayed that under Regulation 30 of the Delhi Control of Vehicular and Other Traffic on Roads and Streets Regulations, 1980 be declared ultra vires. According to the petitioners. Regulation 30 is also ultra vires of the provisions of Constitution of India under article 14, read with 19(1) (d), 19(1) (g) and 19(6) of the Constitution of India and the same is liable to be struck down. The petitioners further pray that Regulation 30 is also liable to be struck down because it confers blanket, unconsti- tutional, unguided, malafide, arbitrary and absolute powers on the DCP (Traffic).

(2.) The petitioners have also prayed that Section 28 of the Delhi Police Act, 1978 is ultra vires of Article 14 and Articles 19(l)(d), 19(l)(g)and 19(6) of the Constitution of India. It is further prayed that the Section 30 puts unreasonable restrictions on the fundamental, constitutional and civil rights of the petitioners. It is further stated that the provisions contemplates blanket, absolute, uncanalised, uncontrolled, naked and arbitrary powers which are against the provisions of the Constitution of India.

(3.) The petitioners are transporters and have been running their transport business for the last 25 years in Delhi. The petitioners have been running the business of transport and are the owners of a large number of goods trucks i.e. the heavy motor vehicles. The petitioners carry on their business of transport and delivery of goods from one place to another through these goods carriers i.e. the trucks and this business of transport of goods is carried on by loading-unloading of the goods. The Vehicles of the petitioners operate in the areas of Naya Bazar, Roshanara Road, New Rohtak Road, Sadar Bazar, Khari Baoli. Gulabi Bagh Road, Shradhanand Marg, Kutub Road, Chandni Chowk, Chowk Lahori Gate etc.