I-Block Resident Welfare Association and Others vs Govt. of NCT of Delhi and Others

Sanjiv Khanna, J.—The petitioners, I Block Resident Welfare Association, have filed the present Writ Petition for quashing directive dated 12th June, 2007 passed by Deputy Commissioner of Police (Traffic) declaring Firoz Gandhi Marg and Veer sawarkar Marg as one way in Lajpat Nagar Central Market, New Delhi. It is alleged that the action of the respondent No. 5 is arbitrary and has no nexus with the objective sought to be achieved i.e. the convenience of the petitioners and public at large. Mandamus for directing the respondents to implement a new policy of one way traffic is also prayed for.

On 4th January, 2008, this Court had passed certain directions on the suggestions given by the petitioners.

The Traffic Inspector, Lajpat Nagar Circle, New Delhi in his status report filed on 20th November, 2007 has pointed out that Central Market Lajpat Nagar is a congested area and Central Road Research Institute had carried out survey on 16th September 9th, 2004 for regulating traffic movement and parking plan in the said area. Thereafter, Municipal Corporation of Delhi, the land owning agency, prepared short-term, mid-term and long term schemes relating to traffic movement, regulation of traffic and parking. This was endorsed by the Deputy Commissioner, Central Zone. As per the case of the Traffic Police, they have received several representations from traders'' associations and others appreciating the new traffic regulations/plan.

Every traffic plan or regulation in a heavily congested area like Central Market, Lajpat Nagar, is bound to create difficulties and inconvenience for some traders/residents and be more advantageous for traders or residents at another location. However, the fact that the market is frequented is beneficial for all traders. Ultimately, it is for the traffic police to decide how best they can manage and regulate the traffic and parking in the Central Market, Lajpat Nagar. They are the experts and have access to data, knowledge and experience how to deal with congestion and traffic jams. New scheme/plans when implemented can result in inconvenience but the respondents can experiment judiciously and take remedial steps. The petitioner herein is a Residents Welfare Association and they are guided by their self interest. They are not experts in the field of traffic management. The petitioner at best can make a representation in case they are inconvenienced, and can give suggestions. Finally, however, it is for the respondents to regulate and manage the traffic and deal with the parking problem. With the aforesaid observations, the Writ Petition is disposed of.