(1.) The increase in vehicular traffic alongwith the population of Delhi has grown much faster since the time Maruti Company has flooded the market with their brand of cars for the middle class of the society. Although the capital of the country is dominated by the middle and lower class, but the presence of rich and affluent is no less visible when one looks at the roads of Delhi to find large number of high class luxurious cars, including the Mercedes and BMWs. The traditional mode of travelling by tangas, bicycles, rickshaws, two wheelers is coming to gradual extinct except in the interiors of some localities.
(2.) EXCEPT for a few hours between midnight to dawn, one cannot see even a patch of earth but vehicles and vehicles either running or stranded in traffic jams on Delhi roads. This ever increasing vehicular explosion in traffic is due to the rapid increase of human population primarily due to continuous migration of people in search of their livelihood from adjoining states and from far flung areas. In this unmanageable crowd, what we have lost is humanity, morals, our age old rich culture, tradition, ethos and path of truthfulness and righteousness as shown to us by saints and scriptures. Of all the maladies afflicting India, the malady of inner decay reigns supreme. There is a weakening of our moral fibre and ethical values. Corruption, red tapism, callousness, casualness and crumbling moralities dominate our public life instead of much needed culture of care, compassion, empathy, and catholicity.
(3.) IN this background, it would be relevant to briefly put forth the facts of the case before delving upon the contentions of counsel for the parties, which are as under: