Shri Sarvesh Kumar v. Joint Commissioner Of Police (Licensing Unit) & ANR

$~92 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3695/2015 & CM Appl.6581/2015 SHRI SARVESH KUMAR .....Petitioner Through:

Mr. N.S. Dalal, Ms. Nidhi Dalal, Mr.

Alok Kumar, Ms. Rachana Dalal, Mr.

Karan Mann and Mr. Kunal Narwal, Advs.

versus JOINT COMMISSIONER OF POLICE (LICENSING UNIT) & ANR .....Respondents Through:

Ms. Shiva Lakshmi, CGSC with Mr.

Govind Sharma, Adv. for R-1 and 2.

Ms. Savita Rustogi, Adv. for R-3.

Insp Parveen Mann, T.I. Aman Vihar Traffic Circle and SI Joginder Singh, Parvi Officer Traffic.

CORAM:

HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R

% 03.02.2025 1.

Learned Standing Counsel for Respondent Nos. 1 and 2 has filed a status report. The status report seeks to rely upon a communication dated 13.12.2024 to submit that the closure of break in the divider in front of Neelam Filling Station, Dr. Sahib Singh Verma Marg, Kanjhawala, Delhi is to be closed to prevent accidents and fatalities. The relevant extract of the communication dated 13.12.2024 is set out below: "...

In this regard it is stated the undersigned has inspected the above said location and found that there are two blind cuts in the devider [sic: divider] The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

in front of at Neelam Filling Station Dr. Sahib Singh Verma Marg, Kanjhawala, Delhi at main road. The driver of the scooterist, bikers and four wheelers could not see this cut on the main road. The commuters passed through their vehicles in high speed and rashly manner from there. So many times accidents have been taken place in front of the above said Location. A unit [sic: writ] petition is also pending in Hon'ble High Court, Delhi and Hon'ble High Court also observed to close these cuts to prevent the accidents in front of Neelam Filling Station. It is therefore requested to close both the cuts as soon as possible. Next date of hearing is fixed for 31.01.25 in Hon'ble High Court, Delhi. There is very much requirement of closer of cut for the interest of general public at the earliest."

[Emphasis supplied] 2.

Learned Standing Counsel for Respondent Nos. 1 and 2 submits that this has been communicated to the office of the Public Works Department (PWD) as well by a communication dated 17.01.2025, however there is likely to be a time lag in implementing this in view of the upcoming State Assembly Elections. The communication dated 17.01.2025 has also been annexed along with the status report.

3.

Accordingly, let the PWD take appropriate steps within a reasonable time frame in pursuance of the communication issued by the Respondent Nos. 1 and 2 to close the break in the divider in front of Neelam Filling Station, Dr. Sahib Singh Verma Marg, Kanjhawala, Delhi. 4.

In the meantime, the Respondent Nos. 1 and 2 are directed to put a temporary barricade to close the break in divider until a permanent barricade is in place.

5.

Nothing in this order shall preclude the authorities from taking appropriate steps in the event a divider is required to be made at another place, provided these steps are taken on the basis of applicable rules and guidelines, keeping in mind public safety.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

6.

The Petition is disposed of in the aforegoing terms. 7.

TARA VITASTA GANJU, J FEBRUARY 3, 2025/r Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.