IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) No. 233 OF 2019

(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)

IN THE MATTER OF:

Action Committee for Unaided recognized Private School,

No. 31, Saraswati Vihar,
Ghitorni Road, Delhi- 400951 ….
………………….Petitioner
Versus

1. Government of NCT of Delhi

Through its Chief Secretary,
Players Building, I.P. Estate,
New Delhi -110002
2. Union of India
……………….Respondent

Along with

WRIT PETITION (CIVIL) No. 235 OF 2019

(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)

Mr. Anup Chand

Flat No.- 522, Tower-J,
Plot No.- GH 04, Delhi- 201301 ….
………………….Petitioner
Versus

Government of NCT of Delhi

Through its Chief Secretary,
Players Building, I.P. Estate, New Delhi-110002 .
………………….Respondent

PIL UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA R/W ARTICLE 142 OF

THE CONSTITUTION OF INDIA, CHALLENGING VALIDITY OF ODD-EVEN
SCHEME OF GOVT OF NCT OF DELHI.
TO,

THE HON’BLE CHIEF JUSTICE OF

INDIA AND HIS OTHER HON’BLE
COMPANION JUSTICES OF THE
HON’BLE SUPREME COURT OF
INDIA.

THE HUMBLE CIVIL APPEAL OF THE APPELLANT ABOVE NAMED M OST

RESPECTFULLY SHOWETH:

1. For the following among other various other grounds, the Petitioner herein is filing this
writ petition as a PIL under Article 32 of the Constitution of India r/w Article 142 of the
Constitution of India, Petitioner is challenging validity of Odd-Even Scheme of Govt of
NCT of Delhi ,Notice No. 23(1549)/CAP/TPT/PCD/2019/1579/78617 (Annexure-A)
dated 01/11/2019, as it arbitrary, irritational, unconstitutional, abuse of power, contrary to
statutory provision Section 115(Power to restrict the use of vehicle) Motor Vehicle Act
1988 (59 of 1988) and ultra vires fundamental rights; equality before Law and equal
protection of law (Article 14 of the Constitution of India), prohibition of discrimination
(Article 15 of the Constitution of India), all citizens shall have the right to practice any
profession, or to carry on any occupation, trade or business and to move freely throughout
the territory of India (Article 19[1][g] & 19[1][d]of the Constitution of India) equal
opportunity in public employment, etc. guaranteed under Articles 14, 15, 19 and 21 of the
Constitution of India. Hence, the said Odd Even Notice may be declared as void ab initio
and inoperative.

2. Further, the Petitioner is challenging the validity of the order passed by the Delhi Green
Tribunal (hereinafter referred “DGT”) dated 09.07.2019 banning all diesel buses and
trucks more than 5 (five) years old from plying in the National Capital Region (NCR).

3. The petitioner has filed a PIL Writ Petition in Hon’ble Delhi High Court W.P.(C)
11521/2019. There were other PIL Petitions filed by other petitioners; W.P.(C)

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 11252/2019. All petitions were against Odd Even in addition to other similar issues.
Hon’ble Court disposed off the petition on 01.11.2019 with No Direction and treated all
the above 2 (two) PILs as Representation.

4. QUESTION OF LAW

The following question of law arises for consideration by this Hon’ble Court:

i. Whether the order of the Government of NCT of Delhi, Notice No.

23(1549)/CAP/TPT/PCD/2019/1579/78617 dated 01.11.2019 is arbitrary,
irritational, unconstitutional, abuse of power, contrary to statutory provision?

ii. Whether the order of the DGT dated 09.07.2019 is against the principle of equality
enshrined under Article 14 of the Constitution of India and the Motor Vehicles Act,
1988?

iii. Whether plying the school’s own buses for the commercial purposes is in violation
of provisions of the State Education Act- DSEAR (Delhi School Education Act and
Rules), 1973?

5. DECLARATION IN TERMS OF RULE 4(2)

Apart from the above disposed PIL Writ petition, the Petitioner has not filed any other
same or similar writ petition either in this Hon’ble Court or in any other High Court
seeking same or similar directions as prayed in the instant writ petition.

6. DECLARATION IN TERMS OF RULE 6

The annexures produced alongwith the Appeal are true copies of the pleadings/documents
which formed part of the records of the case in the Court below against whose order the
leave to appeal is sought in this petition.

7. FACTS OF THE CASE

1. That, the petitioner in W.P. (Civil) No. 233 of 2019 is non-profit organization having
its registered office in Delhi. The Petitioner is working for the welfare and betterment
of the unaided recognized private school around the country.
2. That the Petitioner in W.P. (Civil) No. 235 of 2019 is a citizen of India and he resides
within the territorial jurisdiction of this Hon’ble Court. The Petitioner is a proactive
citizen of the country and has filed several PILs before the Hon’ble court.

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3. The facts constituting the cause of action in W.P. (Civil) No. 235 of 2019 accrued on
13.09.2019 and every subsequent date, when Chief Minister of Govt of NCT of Delhi
(hereinafter “Delhi”) announced Odd Even Scheme from 04.11.2019 to 15.11.2019.
4. Odd-Even Scheme is Ultra Wire to Section 115 of the Motor Vehicle Act 1988(59 of
1988) and Ultra Vires Article 19(1)(g), 14, 15, 21 of the Constitution of India and is
arbitrary, illogical, done capriciously in an unreasonable manner without adequately
determining principle cause and remedy and solely for vote bank politics and spending
crores of rupees in advertisement and promotion in the guise of curbing pollution. A
copy of the Scheme is attached herewith as Annexure B.
5. And the facts constituting cause of action in WP (Civil) No. 233 of 2019 accrued on
09.07.2019 and every subsequent date, when the DGT passed an order dated
09.07.2019 banning all diesel buses and trucks more than 5 (five) years old from
plying in the National Capital Region (NCR).
6. The government of Delhi also passed an order to requisite school buses to ply as
commercial public buses after school hours in order to encourage the commuters of
Delhi to take public transport rather that rely on their private vehicles.
7. It is respectfully submitted that the Petitioner has no personal interest, individual gain,
private motive or oblique reasons in filing this writ petition. There is no motive other
than larger public interest and interest of justice. Further, it is disclosed that there is no
civil, criminal or revenue litigation, involving petitioner, which has or could have legal
nexus with the issues involved in this writ petition.
8. There is no alternate efficacious remedy available in terms of the prayers sought in this
writ petition and thus, there is no requirement to approach any government authority
for the reliefs sought herein.

9. GROUNDS

A. That, Notification of Odd Even Vehicle Scheme is arbitrary, illogical, illegal, done
capriciously in an unreasonable manner and unconstitutional that in the 12 days Odd
Even period(from 4th November 2019 to 14th November 2019), it exclusively allows
Odd Car to Ply on the road on 5, 7, 9, 11, 13, 15 that is 6 days and it exclusively
allows Even Car to Ply on road on 4, 6, 8, 12, 14 that is 5 days. So only God knows
why Odd Car are given preference. Odd Cars 6 days Vs Even Cars 5 days. Hence Odd
Even Notification is ultra vires Article 14 and 15 of the Constitution of India. It shows

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 that Odd Even is nothing but political and Vote Bank Gimmick as it has been done
capriciously in an unreasonable manner.
B. That, petitioner like to add here that during Commonwealth Games in Late Mrs. Shela
Dixit Chief Minister Tenure, there was restriction on Vehicles(Annexure-P3) but it
was on the basis of type of vehicles (Light Medium, Heavy Vehicles) and not on the
basis of Number Plate and Vote Bank, Gender, Class, Society etc. That restrictions
was for specific class, specific road or area and for specific time and within the ambit
of Section 115 of Motor Vehicle Act, 1988 and Article 14, 15, 19, 21 of the
Constitution of India.
C. That, the government cannot cover it under the guise of Section 115 of the Motor
Vehicles Act, 1988. As per Federation of Delhi Bus Operators & Ors. v. Lt.
Governor of Delhi & Ors 2011 SCC OnLine Del 1707 (Annexure-C) ruling, literal
and mischief rule of interpretation, it is crystal clear the expression used in section
115 of the said Act, “any specified class or description of a motor vehicle”, is in no
way whatsoever can bring Odd Even in the ambit of Class as instead of restricting a
specified class of vehicle, odd even goes on to Segregate the Vehicle on the basis of
Number Plate which is not class and hence the Odd Even Notice of Govt of NCT of
Delhi is arbitrary, irritational, unconstitutional, abuse of power.
D. That, Odd Even Vehicle Scheme violates Fundamental Rights of residents of Delhi
and adjoining states residents who daily commute in/out of Delhi in their four
wheeled vehicles (motor cars etc.) to do their jobs/business to earn their livelihood
and is ultra vires Article 19(1)(g) of the Constitution of India.,
E. That, CPCB and DPCC has released data confirming that the odd-even system did not
lower pollution levels. In Mahendra Pandey v. Govt. of NCT of Delhi & Ors in
Original Application No. 179 of 2016, Order Date 18th October 2016 NGT
(Annexure-C) Observed that:
“Dr. M. P. George, Scientist D DPCC is present before the Tribunal in
furtherance to the order passed by the Tribunal earlier. While referring
to the report dated 17th August, 2016 that has been placed on record, he
states that the data collected shows that during the period of
implementation of odd-even vehicle programme there was hardly any
improvement in the ambient air quality of NCT of Delhi.”
[EMPHASIS APPLIED]

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 F. That, Stubble Burning (Parali) In Punjab and Haryana, in winter, is one of the major
reason of Pollution and Smog in Delhi and NCR. There seems to be deliberate,
intentional and strong correlation between timing of Stubble Burning , Diwali, and
timing of Odd Even Scheme.
G. That taking the schools own buses is in violation of the Education Act which
stipulates that school's assets cannot be put to commercial use. The school buses are
the assets of the school and allowing them for use as commercial vehicles shall
amount to violation of basic principles and provisions of DSEAR (Delhi School
Education Act and Rules), 1973. That the insurance of school buses stipulates use of
buses for students only. The school buses are not permitted to be used for general
public nor should the school buses be used for hire. That the road tax exemption also
stipulates the buses shall not be used for any commercial purposes.
H. That, the Delhi government wanted to engage 2,000 extra buses during the odd-even
scheme, but only 693 of them were operational on Tuesday 05.11.2019. Thus, Odd
Even is nothing but great hardship and inconvenience being faced by Residents of
Delhi only because Delhi Govt in the election season want to Self-promote itself in
the guise of curbing pollution.
I. That the Motor Vehicles Act, 1988 prescribed a fitness test, and not the vehicle's age,
to ascertain whether it should be allowed to ply or not. The DGT could not substitute
by its order what has been written in the Motor Vehicles Act, which did not put a ban
on vehicles other than 5 years. That such a ban is completely arbitrary, and raised the
argument that it is not the school/college who is responsible for making Delhi a gas
chamber.
J. That, the constitutional power conferred on the Government cannot be exercised by it
arbitrarily or capriciously or in an unprincipled manner; it has to be exercised for the
public good.

PRAYER

Therefore, the abovenamed Petitioner in the light of the facts and circumstances of the
present case, most respectfully pray that this appeal is allowed by this Hon’ble Court and the
Court be pleased to issue writ in the writ in the nature of certiorari or any or any other
appropriate writ, order or directions, to the Respondent:

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 I. Declaring the order of the DGT dated 09.07.2019 as void ab initio and
inoperative as it is arbitrary, irritational, unconstitutional, abuse of power,
contrary to statutory provision;

II. Declaring the Odd-Even Scheme of Govt of NCT of Delhi, Notice No.
23(1549)/CAP/TPT/PCD/2019/1579/78617 dated 01.11.2019 as void ab
initio and inoperative as it is arbitrary, irritational, unconstitutional, abuse
of power, contrary to statutory provision;

III. Pass any order that this Hon’ble Court may deem fit and reasonable in the
interest of justice and equity.

AND FOR THIS ACT OF KINDNESS, THE APPELLANTS, AS IN EVER DUTY

BOUND, SHALL HUMBLY PRAY.

Adv. Brinda Singhania

(COUNSEL FOR PETITIONER)

Place: Delhi

Dated: 20.11.2019

VERIFICATION

I, Brinda Singhania, the authorized counsel for the Petitioner, verified at Delhi on this 20th
day of November 2019, that the contents of the above appeal are correct to the best of my
knowledge and belief.

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 Adv. Brinda Singhania

(COUNSEL FOR PETITIONER)