MANU/DE/0045/2016

True Court CopyTMDRJ

IN THE HIGH COURT OF DELHI

W.P. (C) 11398/2015, CM No. 30014/2015, W.P. (C) 11424/2015, CM No. 30131/2015, W.P. (C) 11711, 11713, 11808/2015, CM Appl. 32800/2015, W.P. (C) 12352/2015, CM No. 32816/2015, W.P. (C) 12353/2015, 39/2016, CM No. 246/2016, W.P. (C) 63, 71/2016, CM No. 393/2016, W.P. (C) 74/2016 & CM No. 397/2016

Decided On: 11.01.2016

Appellants: Shweta Kapoor and Ors. Vs. Respondent: The Govt. of NCT of Delhi and Ors.

Hon'ble Judges/Coram:
G. Rohini, C.J. and Jayant Nath

JUDGMENT

G. Rohini, C.J.

1. The Notification dated 28.12.2015 issued by the Transport Department, Government of NCT of Delhi prohibiting plying of non-transport four wheeled vehicles in the area of National Capital Territory of Delhi on alternate days on the basis of registration numbers of the vehicles is the subject matter of this batch of writ petitions filed by way of Public Interest Litigation.

2. The said Notification dated 28.12.2015 which prohibits plying of the vehicles having registration number ending with odd digits on even dates of the month and vehicles having registration number ending with even digits on odd dates of the month, reads as under:

"NOTIFICATION

Whereas the National Capital Territory of Delhi has more than nine million registered vehicles and the vehicular pollution has become a major source of air pollution in Delhi, and

Whereas Hon'ble Supreme Court of India, Hon'ble High Court of Delhi and Hon'ble National Green Tribunal have passed various directions from time to time to take immediate action to control the alarming level of vehicular pollution in Delhi and all out efforts are being made to give effect to the directions of the Hon'ble courts.

Therefore, in exercise of the powers conferred vide section 115 read with clause (41) of section 2 of the Motor Vehicles Act 1988, (59 of 1988), the Lieutenant Governor of the National Capital Territory of Delhi, on being satisfied that further steps are required to control vehicular pollution caused by non-transport four wheeled vehicles (motor cars etc.), hereby orders, in the interest of public safety, that the following prohibitory / restrictive measures shall be in vogue in the area of National Capital Territory of Delhi; namely:-

(i) The plying of non-transport four wheeled vehicles (Motor Cars etc.) having registration number ending with odd digit (1, 3, 5, 7,9) shall be prohibited on even dates of the month (i.e. 2nd, 4th, 6th, 8th, 10th, 12th day and so on) and plying of the non-transport Vehicles having registration number ending with even digit (0, 2, 4, 6, 8) shall be prohibited on odd dates of the month (i.e. 1st, 3rd, 5th, 7th, 9th, 11th day and so on).

(ii) These restrictions shall also apply to the non-transport four wheeled vehicles bearing registration number of other states.

(iii) These restrictions shall be applicable from 8 AM to 8 PM of such dates.

(iv) These restrictions shall not be applicable on Sundays.

(v) These restrictions shall not apply to the vehicles of such categories as mentioned in the Schedule annexed to this notification.

(vi) Violation of these orders shall attract a fine of Rs. 2000/- in accordance with the provisions of sub-section (1) of section 194 of the Motor Vehicles Act, 1988.

Further, in exercise of the powers conferred vide sub-section (1) of section 200 of the Motor Vehicles Act, 1988 (59 of 1988), the Lieutenant Governor of the National Capital Territory of Delhi is pleased to authorize the following officers to compound the aforementioned offence with the amount of Rupees 2000/-:

(a) Officers of the rank of H........