Rosary Senior Secondary School v. Union Of India & ANR

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1555/2017 ROSARY SENIOR SECONDARY SCHOOL ..... Petitioner Through:

Mr. Rajan Tyagi and Mr. Desh Deepak Tyagi, Advocates.

versus UNION OF INDIA & ANR .... Respondents Through:

Mr. Brajesh Kumar, Central Gov.

Pleader for UOI.

Mr. Siddharth Dutta, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 30.01.2018 1) This is a writ petition in which following substantive reliefs have been sought:

a) To direct the respondents to remove the illegal parking made permanent by writing vehicle numbers on the wall on Government land/ Public Space being Radio Colony, Kingsway Camp towards Rosery Senior Secondary School.

b) To remove permanent and temporary encroachment on Government land/ Public Space by the people unauthorisdly parking their vehicles on the road in front of the school, at Radio Colony, Kingsway Camp, c) Ad-Interim ex-parte injunction may kindly be passed to remove the inconvenience caused to the school kids.

2) Notice in this writ petition was issued on 21.2.2017. While issuing notice this Court had directed the respondent No. 2 to file a site plan of the subject area. Furthermore, respondent No. 2 was also directed to provide names of persons who were parking vehicles on the road in issue. In addition, thereto, respondent No. 2 was directed to ensure that no traffic congestion was caused during the hours when the school buses deployed by the petitioner were required to ply on the road in issue.

3) The record shows that a status report was filed and along with it a site plan has been filed. The site plan indicates that there is a road which runs parallel to the petitioner-school and it is on that road as also alongside its boundary wall that vehicles are parked. 4) The petitioner-school is, thus, aggrieved by this State of Affairs and has approached this Court by way of the instant writ petition.

5) Having heard the learned counsel for the parties and perused the status report and the site plan filed. I am of the view that the problems arising out of lack of parking space for vehicles are enormous and at times have taken menacing turn. This is especially true with respect to residential areas of this city. There are therefore no easy solutions to this problem 6) Having said so, insofar as this particular case is concerned in order to ameliorate the difficulties faced by the petitioner-school, I am inclined to direct respondent No. 2 to deploy police personnel in such number as may be necessary, albeit, during that period when the petitioner-school opens and closes so as to de-congest the road in issue. The police personnel will ensure that there is no traffic congestion whereby ingress and egress to the petitioner‟s school is impeded.

7) The respondent No. 2 for this purpose will have the police personnel interface with principal of the petitioner-school. 8) Let the needful be done by respondent No. 2 within two weeks from today.

9) With these observations the Writ Petition is disposed of. 10) Dasti RAJIV SHAKDHER, J JANUARY 30, 2018 cks