The Division Bench of the Delhi High Court in the case of Mamta Rani vs Government of NCT of Delhi & Anr. consisting of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad held that traffic control is the sole domain of the Traffic Police. Courts do not run the country and it is up to the administration to take decisions for smooth functioning of the Government.
Facts:
The petitioner filed a writ petition under Article 226 of the Indian Constitution as a Public Interest Litigation (PIL), seeking a court order to remove blockades on the crossings of Mathura Road, which prevent a right turn when coming from the additional building of the Supreme Court of India to either the main building of the Supreme Court or the High Court of Delhi.
Contentions Made:
Petitioner: The petitioner, who is a practising advocate, argued that advocates who drive from the Supreme Court to the High Court in Delhi have to appear in both courts on the same day. However, due to barricades on Mathura Road, the distance between the buildings has become much longer, causing delays and wasting fuel. The petitioner claimed that the decision by the Delhi Traffic Police to restrict vehicle movement without informing the Courts or Bar Associations was arbitrary and hindered the administration of justice.
Observations by the Court:
The Bench acknowledged the significant rise in road traffic and the number of cars parked near the High Court, which caused traffic congestion.
It opined that traffic control should be handled exclusively by the Traffic Police. Reliance was placed on Narmada Bachao Andolan v. Union of India wherein it was held that courts should not be expected to perform governmental duties or functions. Reliance was also placed on State of U.P. v. Johri Mal to note that Courts have the authority to review laws, but they do not have the power to overturn decisions made by administrative bodies. Courts cannot be expected to perform government duties and functions, and they generally will not interfere with policy decisions made by the State.
The traffic authorities are the best judges to decide the issue of regulation of traffic in the city and this Court while exercising its jurisdiction under Article 226 of the Constitution of India is not inclined to sit over as an Appellate Authority over the decisions taken by the traffic authorities for regulating the movement of traffic in the city.
Judgment:
The PIL was dismissed, along with the pending application(s), if any.
Case: Mamta Rani vs Government of NCT of Delhi & Anr.
Citation: W.P.(C) 6533/2023
Bench: Chief Justice Satish Chandra Sharma, Justice Subramonium Prasad
For Petitioner: Mr. Rakesh Kumar, Mr. Shailendra Mani Tripathi, Mr. Vishal Tiwari and Mr. Akash Awana, Advs.
For Respondents: Mr. Santosh Kumar Tripathi, Standing Counsel for GNCTD with Mr. Arun Panwar, Mr. Pradyumn Rao, Mr. Kartik Sharma, Ms. Mahak Rankawat, Mr. Utkarsh Singh, Advocates; Inspector Padam Singh, ASI Kanwar Singh, Traffic Police.
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