Traffic Authorities Best Judge To Decide Issue Of Regulation Of Traffic, Covered Under Their Sole Domain: Delhi HC

The Delhi High Court held that the traffic authorities are the best judges to decide the issue of regulation of traffic in the city and the 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.

The Division Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad observed that “Traffic control is the sole domain of the Traffic Police. It is well settled that Courts do not run the country and it is up to the administration to take decisions for smooth functioning of the Government”.

The observation came while considering a PIL seeking a writ of mandamus to be issued to the Respondents to remove the blockades which have been put on the crossings of Mathura Road preventing a right turn while coming from the additional building of the Supreme Court of India either to the main building of the Supreme Court of India or to the High Court of Delhi.

The Petitioner had contended that the decision of the Delhi Traffic Police to restrict the movement of vehicles by putting barricades at the crossing/traffic signal on Mathura Road for an indefinite period is arbitrary and unjust and causes hurdles in the administration of justice. It was also contended that this decision was neither to the Apex Court or the Delhi High Court, nor the Bar Associations of the Apex Court as well as of the High Court have not been taken into confidence before taking this decision.

Advocate Rakesh Kumar appeared for the Petitioner, whereas Advocate Santosh Kumar Tripathi appeared for the Respondent.

Taking judicial notice of the fact of the substantial increase in road traffic in the city in the last few years, the Bench found that many cars are parked on the roads in front of the High Court and in the lanes alongside this Court, which causes a traffic hindrance.

The Bench also referred to the decision of the Apex Court in Narmada Bachao Andolan v. Union of India [(2000) 10 SCC 664], wherein it was held that Courts should not be called upon to undertake governmental duties or functions.

Accordingly, the High Court dismissed the PIL.

Cause Title: Mamta Rani v. Govt. of NCT of Delhi and Ors.

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