High court says wait for full plan and notification
GN Bureau | December 9, 2015
The Delhi high court today (Wednesday) refused to pass any interim direction on the PILs filed against AAP government’s plan to restrict plying of private vehicles from January 1 to combat pollution.
The court said that it was too early to pass an order.The court also said, “don’t use these PILs to pressurise the respondent (Delhi governments).”
The court’s observation came during hearing the PILs, filed by Shweta Kapoor and Sarvesh Singh, which sought directions for restraining implementation of the policy.
A bench of chief justice G Rohini and justice Jayant Nath termed the PILs as “premature” and said, “the Delhi government has proposed an idea, which is to be implemented from January 1, 2016, on trial basis for 15 days, so let them (Delhi government) try it.”
“It’s just going to be implemented on trial basis. They have proposed an idea for which suggestions have also been called form various stakeholders of society. Meetings are being held in this regard. Let’s see what the stakeholders suggest,” the bench observed orally.
It further said “also, no notification has been issued so far, let such notification come then we will see.”
“We will take up the matter after two weeks, by when the suggestions may also reach to the government,” the bench said and fixed the matter for further hearing on December 23.
One of the petitioner has claimed that “imposition of such a policy/law would be contrary to public interest and has been imposed without any public debate or discussion and without understanding the situation and facts and circumstances in India”.
It has also questioned whether the AAP government has the power to modify vehicular movement in the national capital. Terming the national capital’s public transportation system as “undeveloped and unsafe”, the petitioner has said that it would create problems for women who travel alone as well as differently-abled persons who use modified vehicles to commute.
The odd-even scheme for plying of private vehicles in the city will be in force from 8 am to 8 pm from January 1 for an initial period of 15 days and restrictions will not apply on Sundays, the Delhi government said.
Transport Minister Gopal Rai said government will come out with a detailed blueprint by December 25 which will answer all all the questions being raised by experts and public. He said government will soon come out with details of exemptions like for those who are ailing and disabled. A decision on whether women will be included in 'exemption list' is yet to be taken . "The odd-even scheme will be in force from 8 AM-8PM and there will be no restrictions on Sundays," Rai said.
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