IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : DELHI CONTROL OF VEHICULAR AND OTHER TRAFFIC ON ROAD & STREET REGULATION, 1980 W.P.(C) 5983/2011 Decided on: 13.01.2012 IN THE MATTER OF AMAR TAXI SERVICE Through: Mr. O.P. Saxena, Advocate Petitioner versus COMMISSIONER OF POLICE AND ORS. Respondents Through: Ms. Sana Ansari, Advocate for Ms. Zubeda Begum, Advocate for R-1 to R-3. Mr. Ajay Arora, Advocate with Mr. Kapil Dutta, Advocate for respondents No.4 and 5/MCD. CORAM HON'BLE MS.JUSTICE HIMA KOHLI HIMA KOHLI, J. (ORAL) 1. The present petition is filed by the petitioner praying inter alia to restrain the respondents from removing/obstructing/interfering with the petitioner taxi stand and calling upon them to follow due process of law in case W.P.(C) 5983/2011 Page 1 of 9
there is any legitimate reason to shift the petitioner taxi stand situated near Alankar cinema now known as CCC, Lajpat Nagar, New Delhi. 2. In support of his submission that the taxi stand in question had been allotted to the petitioner, counsel for the petitioner relies upon the order dated 02.04.1981 passed by the Commissioner of Police, Delhi. The aforesaid order is reproduced hereinbelow:- OFFICE OF THE COMMISSIONER OF POLICE: DELHI ORDER Whereas the halting and parking of taxis during in Delhi are not properly committed and taxis and required to be parked for being available to the general public at many places; Now, therefore, I, P.S. Bhinder, Commissioner of Police, Delhi, in exercise of the powers conferred upon me under Section 28(1)(B) of Delhi Police Act, 1978, do hereby order that the places specified in the schedule annexed hereto shall be used as General Taxi Stands for parking of number of taxis indicated against each side with the condition that no permanent or temporary structure shall be erected at the General Taxi Stands. This order shall come into force with immediate effect. This order shall be published for W.P.(C) 5983/2011 Page 2 of 9
information of the general public in the official gazette and by affixing a copy on the notice boards of the offices of all District Deputy Commissioners of Police and all Police Stations in Delhi/New Delhi. Given under my hands and seal of this office the 2 nd April, 1981. Sd/- (P.S. BHINDER) COMMISSIONER OF POLICE: DELHI. 3. Counsel for the petitioner also relies on the letter dated 20.07.1981 issued by respondents No.4 and 5/MCD granting a no objection certificate to the petitioner for installation of a wooden cabin measuring 4 x4 for installation of a telephone booth at the approved taxi stand in question. The conditions of the allotment are set out in the aforesaid letter. 4. A bare perusal of the order dated 02.04.1981 passed by the Commissioner of Police, Delhi makes it abundantly clear that the taxi stand in question was never allotted to the petitioner. Rather, it was only a notification issued in respect of General Taxi Stands for parking of taxis at eighteen sites in Delhi, as per an attached list, wherein the site, subject matter of the present petition featured at Serial W.P.(C) 5983/2011 Page 3 of 9
No.10 and it was stipulated that only five taxis could be accommodated there. A further condition was imposed in the aforesaid order that no permanent or temporary structure could be erected at the General Taxi Stands. In view of the aforesaid order, the relief sought by the petitioner in the present petition is misconceived for the reason that there was no such allotment of the taxi stand in question in favour of the petitioner as claimed and, therefore, the petitioner cannot seek any special relief in respect of the said taxi stand and nor can any relief of allotment of another site be granted to the petitioner in the present proceedings. 5. Pertinently, counsel for respondents No.1 to 3/Delhi Police draws the attention of the Court to the counter affidavit filed by the said respondents to state that the subject General Taxi Stand has not been de-notified and the same remains functional at the designated place. Furthermore, in view of the fact that the taxi stand in question is a General Taxi Stand and no special rights have accrued in favour of the petitioner for it to claim that only the vehicles owned by it can be parked at the subject site, the petitioner is also bound by the Rules W.P.(C) 5983/2011 Page 4 of 9
pertaining to operation of the General Taxi Stands in terms of the recommendations made by the Committee constituted for framing policy regarding General Taxi Stands in Delhi, as directed by a Division Bench of this Court in the judgment dated 04.12.1996 in WP(C)No.3132/2001 (Annexure R-2 to the counter affidavit filed by respondent No.1). One of the recommendations of the aforesaid Committee is that the taxis would be required to halt and go places instead of being permanently parked there. This Rule has been formulated so as to rule out any unauthorized occupation by individuals on public land and to prevent individuals from claiming right of ownership by squatting there. Counsel for respondents No.1 to 3/Delhi Police states that the halt and go places parking bays for taxis is not to be owned by any individual or authority and all the authorities including PWD, MCD, NDMC, DDA and L&DO have been called upon not to confer any Tehbazari rights for the sites in question in favour of any individual and ensure that no pucca/semi pucca structure, water, electricity and telephone connection would be allowed at the said sites which are termed as halt and go places for taxis. W.P.(C) 5983/2011 Page 5 of 9
6. Counsel for respondents No.4 and 5/MCD supports the aforesaid submission made by the counsel for respondents No.1 to 3/Delhi Police and hands over a copy of the order dated 06.05.2011 passed by the Deputy Commissioner of Police, Traffic (Headquarters), Delhi, relating to the General Taxi Stand situated at Lodhi Road to submit that identical orders are being passed by the Delhi Police in respect of all General Taxi Stands in Delhi. 7. The aforesaid order dated 6.5.2011 has been passed by the Deputy Commissioner of Police under Section 3 of the Delhi Control of Vehicular and other Traffic on Road & Street Regulation, 1980 and stipulates as below:- a. Neither Yadav Singh Rawat or any other individual taxi driver would have any right to the exclusive use of the subject General Taxi Stand, as the taxi stands are not notified in the name of any individual. b. Henceforth, the above mentioned site of General Taxi Stand located at the pavement of Service Road, opposite the Unido Hostal Flats, (Now P.V. Hostel Flats), behind and alongside the wall of NBCC building, Bhishmpitamah Marg, New Delhi (near Horticulture Nursery and Electric Sub- Division, New Delhi) would be known as Halt and Go Place for taxis for the convenience of W.P.(C) 5983/2011 Page 6 of 9
public, as per policy. A copy of rough sketch is enclosed. c. That the aforesaid Halt and Go Place for taxis would not be owned by any individual or authority and is notified on temporary basis. The notifying authority reserves the right to cancel the aforesaid notification subsequently in public interest for reason of traffic regulation, requirement of security, local complaints, refusal, misbehavior, overcharging, or any subsequent objection raised by the land owning agency. CPWD/MCD/NDMC/DDA/L&DO etc. shall not confer any tehbazari rights for the site to any individual. No pucca/semi pucca structure, water, electricity and telephone connection shall be allowed on the site aforesaid Halt & Go Place for taxis. 8. Counsel for respondents No.1 to 3/Delhi Police states that the aforesaid recommendations of Delhi Police came up for scrutiny of the Court in W.P.(C) 10597-98/2005 entitled Jaipur Taxi Service & Anr. vs. Commissioner of Police, which was decided on 13.10.2011, wherein the Court recorded the statement made on behalf of Delhi Police that there is no policy of issuing licenses of any sites for use as Taxi Stand and only parking bays for the purpose of Halt and Go are notified. The relevant para No. 12 of the aforesaid order is reproduced W.P.(C) 5983/2011 Page 7 of 9
hereinbelow :- 12. Ms. Anita Roy, ACP (Traffic), South-East present in Court states that now there is no policy of issuing licenses of any sites for use as a Taxi Stand and only parking bays for the purposes of Halt & Go are notified. She clarifies that in the said parking bays, no particular taxi or taxi operator can claim a right to park the vehicle and any taxi belonging to whosoever can be parked therein on first come first basis and subject to availability. It is further stated that no booth, permanent or temporary as used to be earlier permitted for Taxi Stands can also be allowed. 9. Counsel for respondents No.4 and 5/MCD states that the structure constructed at the taxi stand in question was noticed by the Monitoring Committee appointed by the Supreme Court and found to be an unauthorized structure and an encroachment and further, in terms of the directions issued by the said Committee, the said unauthorized construction was razed to the ground as long back as in the year 2008. 10. Having regard to the aforesaid submissions made by the counsels for the respondents and in view of the assurance given by the counsel for the petitioner that the petitioner does not claim any exclusive vested right in the taxi stand in W.P.(C) 5983/2011 Page 8 of 9
question, directions are issued to the petitioner to follow halt and go places policy of the Delhi Police, and use the parking bay in question for parking its taxies within the limitation of the numbers prescribed in the office order dated 2.4.1981, and on the same terms and conditions which govern taxis for accommodation at all the parking bays notified by Delhi Police for the purpose of Halt & Go places. The petition is disposed of while leaving the parties to bear their own costs. Sd./- JANUARY 13, 2012 (HIMA KOHLI) JUDGE W.P.(C) 5983/2011 Page 9 of 9