Abhishek Dutt v. NCT - FINAL

IN THE HIGH COURT OF DELHI AT NEW DELHI
(EXTRAORDINARY WRIT JURISDICTION)

WRIT PETITION (CIVIL) NO. _________ OF 2017
(IN THE MATTER OF PUBLIC INTEREST LITIGATION)
IN THE MATTER OF:

ABHISHEK DUTT …..PETITIONER
VERSUS
STATE GOVT N.C.T. OF DELHI & ORS. ….RESPONDENTS

INDEX
S. No. Particulars Page Nos.
1. Court Fees
2. Notice of Motion
3. Urgent Application
4. Memo of Parties
5. Certificate
6. Synopsis and List of Dates
7. Writ Petition- Petition under Article 226 of The
Constitution of India seeking writ of Mandamus
directing respondents to construct two foot-over-
bridges (FOBs) on the routes namely Josip Broz
Tito Marg (linking Sadiq Nagar and Greater
Kailash-I) and August Kranti Marg (near main en-
try to Ayurvigyan Nagar), expeditiously in a time
bound manner with affidavit.
8. ANNEXURE P-1
Google Map of Josip Broz Tito Marg (linking
Sadiq Nagar and Greater Kailash -1) and August
Kranti Marg (near main entry to Ayurvigyan Na-
gar).
9. ANNEXURE P-2 (Colly)
True Copies of photographic evidence.
10. ANNEXURE P-3

True Copy of the Letter dated 18.05.2013 by
Resident Welfare Association, Ayurvigya Naga
11. ANNEXURE P-4
True Copy of the letter dated 04.03.2017 by
Central Government Employees Residents’
Welfare Association, Sadiq Nagar, Type 3, Sector
3.
12. ANNEXURE P-5
True Copy of the letter dated 02.05.2017 by Janta
Adarsh Andh Vidyalaya, Sector 3, Sadiq Nagar.
13. ANNEXURE P-6
True Copy of the letter dated 05.05.2017 by is
Resident Welfare Association, Ayur Vigyan Na-
gar.
14. ANNEXURE P-7
True Copy of the letter dated 09.05.2017 by The
Indian School
15. ANNEXURE P-8
True Copy of the letter dated 15.05.2017 by Cen-
tral Government Employees Residents Welfare
Association, Sadiq Nagar Sector 3, Type 4.
16. ANNEXURE P-9
True Copy is of the letter dated 03.06.2017 by
Area Welfare Officer, Sadiq Nagar and Andrews
Ganj.
17. ANNEXURE P-10
True Copy of the letter dated 12.07.2017 by the
Petitioner to the Office of the Chief Minister
18. ANNEXURE P-11
Office of Minister Health, Industries, PWD,
Power, Home, Transport & Ur-ban Development.
19. ANNEXURE P-12
Petitioner to Office of Minister Health, Industries,
PWD, Power, Home, Transport & Urban Develop-
ment.
20. ANNEXURE P-13
True Copy of the letter dated 20.09.2017.
21. ANNEXURE – P-14
True copy of the newspaper article DNA dated
18.01.2017.
True copy of the newspaper article Times of India
dated 28.01.2017.
Application on behalf of Petitioner for exemp-
tion from filing official translation and all an-
nexures certified copy with Afiidavit

Application u/s 151 of CrPC for Condonation of
Delay with Affidavit.
25. VAKALATNAMA
NEW DELHI
DATED: 26.09.2017
THROUGH
MANDAKINI SINGH, PALLAVI MALHOTRA,

ASHIMA MANDLA
Advocates for the Petitioner,
11-b, Mathura Road, Jangpura -B,
New Delhi-110014,
Mob: +91-9999609157.
IN THE MATTER OF:

VERSUS
NOTICE OF MOTION
Sir,
Please find enclosed herewith a complete set of W.P. (C.) as the
above noted petition is being filed by the Petitioner s before the Hon’ble
High Court and the same is likely to be listed on or before
___November, 2017. Please take note of the same.
NEW DELHI
DATED: 26.09.2017
THROUGH

ASHIMA MANDLA
New Delhi-110014,
Mob: +91-9999609157.
IN THE MATTER OF:

VERSUS
URGENT APPLICATION
To,
The Registrar,
Delhi High Court,
New Delhi
Sir,
Kindly treat the accompanying W.P. (C) as an urgent in accor-
dance with the High Court Rules and order and the ground of urgency of
the present are as follows:-
“AS PRAYED IN THE PRAYER CLAUSE”
NEW DELHI
DATED: 26.09.2017
THROUGH

ASHIMA MANDLA
New Delhi-110014,
Mob: +91-9999609157.
IN THE MATTER OF:

VERSUS
Memo of Parties
ABHISHEK DUTT
S/O K.K. DUTT
R/O G-35 JANGPURA EXTENSION
NEW DELHI- 110014 ….PETITIONER
VERSUS
1. STATE GOVT. N.C.T. OF DELHI

THROUGH HOME SECRETARY,
NEW DELHI – 110001.
2. MINISTRY OF HEALTH, INDUSTRIES, PWD, POWER, HOME,

TRANSPORT AND URBAN DEVELOPMENT
THROUGH SECRETARY,
NEW DELHI- 110001
…. RESPONDENTS
NEW DELHI
DATED: 26.09.2017
THROUGH

ASHIMA MANDLA
New Delhi-110014,
Mob: +91-9999609157.
IN THE MATTER OF:

VERSUS
CERTIFICATE
Certified that the Writ Petition is confined only to the pleadings before
the Court whose order is challenged and the documents relied upon in
those documents. No additional facts, documents or grounds have been
taken or relied upon in this Writ Petition. It is further relevant to mention
that identical colored copies/photocopies of the photographs relied upon
have been supplied to the opposite side. It is further certified that copies
of the documents/annexures attached to the Writ Petition are necessary
to answer the questions of law raised in the petition or to make the
grounds urged in the Writ Petition for the consultation of this Hon’ble
Court. This certificate is given on the basis of instructions given by the
Petitioner/persons authorized by the Petitioner whose affidavit is filed in
support of this Writ Petition.
NEW DELHI
DATED: 26.09.2017
THROUGH

ASHIMA MANDLA
New Delhi-110014,
Mob: +91-9999609157.
SYNOPSIS & LIST OF DATES
The Petitioner is acting bona fide for the welfare and benefit of the
society as a whole, and is therefore filing the present PIL before this
Hon’ble Court. The Petitioner has no vested personal interest in the
subject-matter of the petition.The Petitioner incumbently presides over
the chair of Municipal Councilor, Andrews Ganj and Leader of Indian
National Congress, South Delhi Municipal Corporation. Numerous
letters were addressed to the Petitioner namely by the Residents’
Welfare Associations of Ayur Vigyan Nagar and Sadiq Nagar Type 2,
Sector 2; Type 3 Sector 3; Type 4 Sector 3, The Central Government
Employees Residents Welfare Association, schools such as The Indian
School; Janta Adarsh Andh Vidyalaya (Blind School) Sadiq Nagar,
demanding for a foot-over-bridge (FOB) in the interest of road safety of
the residents, pedestrians and passengers.
It is imperative to note that the aforesaid colonies packed between
August Kranti Marg, Lala Lajpat Rai Marg and Josip Broz Tito Marg
house approximately primarily belong to lower middle socio-economic
strata. Consequently, the residents are majorly dependent on public
transportation such as buses/metro among others, for the purposes of
commuting and the absence of provision of foot-over-bridges poses an
unwarranted safety hazard.
Additionally, there are numerous schools and community centers
located on the aforesaid routes are as follows: The Indian School, MCD
Primary School, Sadiq Nagar, Kendriya Vidalaya, Masjid Moth, Janta
Adarsh And Vidhyalaya Blind School, Sadiq Nagar, Sarvodya Bal
Vidyalaya Sadiq Nagar, Wedding Ground Sadiq Nagar, Wedding
Ground Sanwal Nagar, Community Centre Sadiq Nagar and Community
Centre Andrews Ganj Extension among others.
Moreover, it is relevant to place on record that the subsisting
infrastructure is not differently disabled friendly, especially in light of a
Janta Adarsh And Vidyalaya (blind school) situated in Sadiq Nagar.
Additionally, there is a requirement for constructing higher railings
constructed upon the dividers on the said roads, prevent the pedestrians
from callously crossing the abovementioned fast paced roads, failing
which the intended purpose of the FOB may not be achieved. The same
is exhibited through photographic evidence
That numerous letters addressed to the Petitioner categorically
reiterating the requirement of foot-over-bridges in the interest of road
safety of the residents, school students, blind persons, pedestrians and
passengers in general, the Petitioner also made representation to the
Office of the Chief Minister on 12.07.2017 vide letter D.O. No.
SDMC/59S/9987. Subsequently, the Petitioner No.1 received a letter of
receipt acknowledging the D.O. by Office of Minister of Health,
Industries, PWD, Power, Home, Transport & Urban Development vide
letter no dated 18.07.2017. Unfortunately, no remedial action ensued
despite a reminder addressed by Petitioner to the Office of the said
Minister on 06.09.2017. It is imperative to note and thus stoutly
emphasized thereupon that the Respondents are duty bound towards
the road safety of the citizens and persons as embodied under the
Fundamental Rights under the Constitution of India. Hence, in larger
public interest the burden to act expeditiously in the said manner rests
upon their shoulders.
The Petitioner has approached this Hon’ble Court by invoking its
extraordinary jurisdiction under Article 226 of the Constitution of India,
by way of a Public Interest Litigation (PIL) seeking an appropriate writ in
the nature of Mandamus to direct Health, Industries, PWD, Power,
Home, Transport & Urban Development Ministries for constructing two
foot-over-bridges (FOBs) and higher railings upon the road dividers. The
absence of foot-over-bridges on August Kranti Marg, Lala Lajpat Rai
Marg and Josip Broz Tito Marg pose a de die in diem safety hazard to
the pedestrians as well as residents of the surrounding colonies namely
Sadiq Nagar, Ayur Vigyan Nagar, Masjid Moth, Andrews Ganj, Greater
Kailash which are packed between these fast moving roads. Hence, the
present petition brings to light the importunate need of a Foot-over-
Bridge on Josip Broz Tito Marg (linking Sadiq Nagar and Greater
Kailash - 1) and on August Kranti Marg (near main entry to Ayurvigyan
Nagar).
18.05.2013 Letter no. F.RWA(35)/2013 addressed by Resident
Welfare Association, Ayurvigya Nagar to Former Hon’ble
Chief Minister, carbon copied to Petitioner requesting for
a foot-over-bridge (FOB) at the entrance of Ayurvigyan
Nagar on account of five schools between South
Extension and Udai Park on account of deaths while
crossing roads, making the stretch prone to accidents for
old residents and school children.
04.03.2017 Letter addressed by Central Government Employees

Residents’ Welfare Association, Sadiq Nagar, Type 3
Sector 3 urgently requesting for a foor-over-bridge(FOB)
on Josip Broz Tito Marg and on August Kranti Marg on
account of heavy traffic making the stretch accident
prone, especially for women, children and elderly in light
of the schools and residential colonies situated there-
upon.
02.05.2017 Letter addressed by Janta Adarsh Andh Vidyalaya, Sector

3, Sadiq Nagar apprising the Petitoner that the school (till
8th class) consists of 120 blind students, who travel daily
from Indian School Bus Stop. At a risk in absence of foot-
over-bridge.
05.05.2017 Letter addressed by Resident Welfare Association, Ayur

Vigyan Nagar to Petitioner requesting for a foot-over-
bridge (FOB) at the entrance of Ayurvigyan Nagar on ac-
count of five schools between South Extension and Udai
Park on account of deaths while crossing roads, making
the stretch prone to accidents for old residents and school
children.
09.05.2017 Letter addressed by Tania Joshi, Principal of The Indian

School, Andrews Gang to the Petitioner stating that the
said school comprises of 2600 students and that the
school being located on Josip Broz Tito Marg, opp. Delhi
Jail Board which experiences high speed traffic. Hence, in
an attempt to ensure the safety of the said students,
requested for the construction of an overhead bridge,
similar to the ones built at Panchsheel Park and Jangpure
Extension.
15.05.2017 Letter no. RWA/SDN/S-3/T-IV/2015-17/122 addressed by

the Central Government Employees Residents Welfare
Association, Sadiq Nagar Sector 3, Type 4 to the
Petitioner requesting for the construction of a foot-over-
bridge on Joseph Broz Tito Marg, Near Indian School,
Sadiq Nagar, New Delhi on account of heavy traffic
congestion and traffic flow on the said route and non-
availability of any subway and foot-over-bridge on the
same.
03.06.2017 Representation made to The Lieutenant Governor of

Delhi by S.D. Sharma, Area Welfare Officer, Sadiq Nagar
and Andrews Gang pertaining to requirement of two Foot-
over-Bridges over BRT Road/Josip Broz Tito Marg (near
Sector -1 Sadiq Nagar) and August Kranti Marg (near
Ayurvigyan Nagar) on account of both roads heavily
loaded by traffic round the clock and posing a danger to
the children, patients and residents in general.
12.07.2017 Representation made by the Petitioner vide D.O.

No./SDMC/59S/0087 to the Office of the Incumbent Chief
Minister concerning construction of foot-over-bridge at
Sadiq Nagar and Ayur Vigyan Nagar.
18.07.2017 Letter of Receipt by Office of Minister Health, Industries,

PWD, Power, Home, Transport & Urban Development ac-
knowledging D.O. No. SDMC.59S/9987 dated 12.07.2017
by Petitioner to Hon’ble Chief Minister vide office Dy.No.
37828/CMO fated 13.07.2017. Same sent to Pr. Secre-
tary, PWD, Government of NCT of Delhi for necessary ac-
tion thereupon.
06.09.2017 Representation made by Petitioner to the Office of the
Minister of Health, Industries, PWD, Power, Home, Trans-
port & Urban Development vide letter no. SDMC/59s/0183
apprising regarding the longstanding demand of the resi-
dents of Sadiq Nagar and Ayurvigyan Nagar for a Foot-
over-Bridge(FOB) at Sadiq Nagar(BRT) to Greater Kailash
and Masjid Moth to Ayurv Vigyan Nagar (Near Ansal
Plaza).
20.09.2017 Representation made to Petitioner by the Central

Government Employees Residents Welfare Association,
Sadiq Nagar Type 2 Sector 2 vide letter no. RWA/SN/T-
I&II/2017-18 apprising the Petitioner regarding the
difficulties faced by the residents of Sadiq Nagar, New
Delhi in crossing the road to catch buses/metro on
account of heavy traffic.
27.09.201715. Hence, the present writ petition.
IN THE MATTER OF:

VERSUS
WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF

INDIA IN THE NATURE OF A PUBLIC INTEREST LITIGATION FOR
THE ISSUANCE OF A WRIT OF MANDAMUS AGAINST THE
RESPONDENTS SEEKING DIRECTIONS FOR CONSTRUCTION OF
FOOT-OVER-BRIDGES (FOBs) WHEREIN ABSENCE AND
INACTION OF THE AFORESAID AMOUNTS TO CALLOUS
DISREGARD OF THE GUARANTEED AND INDEFEASIBLE
FUNDAMENTAL RIGHTS UNDER ARTICLE 14 & 21 OF THE
CONSTITUTION OF INDIA, INITIATION OF APPROPRIATE
REMEDIAL MEASURES AND ISSUING GUIDELINES TO BE
COMPLIED WITH BY THE AUTHORITIES TO TAKE APPROPRIATE
MEASURES.
TO,
THE HON’BLE CHIEF JUSTICE AND
THE OTHER COMPANION JUDGES OF
THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI.
HUMBLE PETITION OF THE PETITIONER ABOVE NAMED
MOST RESPECTFULLY SHOWETH: -
1. That the present Writ Petition is being filed as Public Interest
Litigation, under Article 226 of the Constitution of India by the
Petitioner, seeking issuance of the writ of Mandamus and directions

to Respondents for constructing a foot-over-bridges and high
railings over the dividers on the road. The Petitioner are acting
bona fide for the welfare and benefit of the society as a whole, are
filing the present PIL before this Hon’ble Court. The Petitioner have
no vested personal interest in the subject-matter of the petition.
This PIL has been filed with no ulterior or mala fide motive other
than public interest.
2. The Petitioner No.1 incumbently presides over the chair of
Municipal Councilor, Andrews Ganj and Leader of Indian National
Congress, South Delhi Municipal Corporation and is a publicly
spirited citizen and intrinsically motivated social worker.
3. The present petition raises the following important questions to be
adjudicated by this Hon’ble Court :-
I. Whether Right to Safety is a part of Right to Life and Liberty
under Article 21 of the Constitution of India ?
II. Whether construction of foot-over-bridges on roads bustling
with traffic contributes towards road safety?
III. Whether foot-over-bridges have previously been erected in
other parts of the Capital or the Country in an attempt to
contribute towards safety of citizens?
IV. Whether inaction towards construction of foot-over-
bridges (FOB) despite adequate representation to
Respondent no. 2, on routes bustling with traffic such
as the ones in question, shall tantamount of the
Respondents ?
3. That the source of knowledge of facts of the present case have
been obtained by the Petitioner through letters addressed to the
Petitioner by Residents’ Welfare Associations of Ayur Vigyan Nagar
and Sadiq Nagar Type 2, Sector 2; Type 3 Sector 3; Type 4 Sector
3, The Central Government Employees Residents Welfare
Association, schools such as The Indian School; Janta Adarsh
Andh Vidyalaya School) Sadiq Nagar, and through print media
reports, namely newspaper articles.
4. That the present petition is in the interest of the society at large as
the absence of foot-over-bridges poses a threat to the safety of
residents, pedestrians and passengers as the same may contribute
towards injuries and deaths resulting from road accidents.
5. That the present PIL is ad bona of those who are unaware of the
harm and risk that they are being exposed to. Some of the people
being represented in the present PIL may not be aware of their
legal rights being infringed and may not have the economic means
to approach the Hon’ble court.
6. That for the sake of brevity and keeping in mind the precious time
and resources of the court, the present PIL is being filed to avoid
plethora of suits that may be filed against the respondents for the
same relief.
7. The present petition is being filed before this Hon’ble Court and
before any of the High Courts so that the relief claimed in the
present petition could cater to each and every victim in the country
and also for the reason that this Hon’ble Court may frame standard
guidelines to be practiced and adhered to in other parts of the city.
8. The Petitioner have preferred the present petition on the following
amongst other grounds:-
A. BECAUSE the present petition is in the interest of safety on roads
in light of the increasing number of accidents and fatalities
consequently posing an unwarranted life hazard for the residents,
pedestrians, passengers.
B. BECAUSE the absence of foot-over-bridges on August Kranti Marg,
Lala Lajpat Rai Marg and Josip Broz Tito Marg pose a de die in
diem safety hazard to the pedestrians as well as residents of the
surrounding colonies namely Sadiq Nagar, Ayur Vigyan Nagar,
Masjid Moth, Andrews Ganj, Greater Kailash which are packed
between these fast-moving roads. Hence, the present petition
brings to light the importunate need of a Foot-over-Bridge on Josip
Broz Tito Marg (linking Sadiq Nagar and Greater Kailash - 1) and
on August Kranti Marg (near main entry to Ayurvigyan Nagar).
Copy of Google Map of Josip Broz Tito Marg (linking Sadiq Nagar
and Greater Kailash -1) and August Kranti Marg (near main entry to
Ayurvigyan Nagar) is annexed herewith as ANNEXURE - P-1.
C. BECAUSE geographically, on and between August Kranti Marg and
Josip Broz Tito Marg the residential colonies with approximate
number of houses, are as follows:
Residential Colonies Number of Houses
Sanwal Nagar 1200

Sadiq Nagar Type 2, Sector 2 790
Andrews Ganj Extension 210
HUDCO Place 1280
Ayurvigyan Nagar 1030
Total 5406
D. It is imperative to note that the aforesaid colonies packed between
August Kranti Marg, Lala Lajpat Rai Marg and Josip Broz Tito Marg
house approximately primarily belong to lower middle socio-
economic strata. Consequently, the residents are majorly
dependent on public transportation such as
buses/metro/autorickshaws among others, for the purposes of
commuting. The absence of provision of foot-over-bridges poses an
unwarranted safety hazard to an estimated figure of 21,624
(TwentyOne Thousand Six Hundred and Twenty Four) residents in
de die diem chores.
E. BECAUSE there are numerous schools and community centers
located on the aforesaid routes namely The Indian School,
Municipal Corporation of Delhi Primary School, Sadiq Nagar,
KendriyaVidalaya Masjid Moth, Janta Adarsh Blind School, Sadiq
Nagar, Sarvodya Bal Vidyalaya Sadiq Nagar, Wedding Ground
Sadiq Nagar, Wedding Ground Sanwal Nagar, Community Centre
Sadiq Nagar and Community Centre Andrews Ganj Extension

among others. Depriving school-going children of safer roads and
infrastructure thereupon amounts to unreasoned and negligent
exposure to accidental hazards.
F. BECAUSE the subsisting infrastructure does not purport to be
differently disabled friendly, especially taking into account a blind
school namely Janta Adarsh Vidyalaya situated in Sadiq Nagar.
Hence, inaction on behalf of the Respondents despite knowledge of
the abovementioned amounts to willful negligence and disregard to
the fundamental rights and needs of the differently abled in its
entirety.
G. BECAUSE merely constructing the abovementioned sought Foot-
over-Bridges(FOBs) may lose its intended purpose without a
provision for higher railings constructed upon the dividers on the
said roads, prevent the pedestrians from callously crossing the
abovementioned fast paced roads. Hence, stout emphasis is laid
while seeking the same. Photographic evidence exhibiting the
claims of the Petitioner are annexed herewith. True Copy of
relevant photographs are annexed herewith as ANNEXURE -P-2.
H. BECAUSE the repeated demands of the aforesaid associations and
institutions are not frivolous or unwarranted but are supported by
logic and reason in light of prevailing circumstances.
I. The Respondents are duty bound and by virtue of their office
responsibility for road safety and infrastructure thereto. The Petitioner
was addressed by the Resident’s Welfare Associations and schools
below mentioned. A chronological list of the same is as follows:
That on 18/05/2013 Letter no. F.RWA(35)/2013 addressed by
Resident Welfare Association, Ayurvigya Nagar to Former

Hon’ble Chief Minister, carbon copied to Petitioner requesting
for a foot-over-bridge (FOB) at the entrance of Ayurvigyan
Nagar on account of five schools between South Extension
and Udai Park on account of deaths while crossing roads,
making the stretch prone to accidents for old residents and
school children. A Copy of the Letter dated 18.05.2017 by
Resident Welfare Association, Ayurvigya Naga is annexed
herewith as ANNEXURE -P-3.
That on 04.03.2017 Letter addressed by Central Government
Employees Residents’ Welfare Association, Sadiq Nagar,
Type 3 Sector 3 urgently requesting for a foor-over-
bridge(FOB) on Josip Broz Tito Marg and on August Kranti
Marg on account of heavy traffic making the stretch accident
prone, especially for women, children and elderly in light of
the schools and residential colonies situated thereupon. Copy
of the letter dated 04.03.2017 by Central Government
Employees Residents’ Welfare Association, Sadiq Nagar,
Type 3, Sector 3 is Annexed herewith as ANNEXURE -P-4.
That on 02.05.2017 Letter addressed by Janta Adarsh Andh
Vidyalaya, Sector 3, Sadiq Nagar apprising the Petitoner that
the school (till 8th class) consists of 120 blind students, who
travel daily from Indian School Bus Stop. At a risk in absence
of foot-over-bridge. Copy of the letter dated 02.05.2017 by
Janta Adarsh Andh Vidyalaya, Sector 3, Sadiq Nagar is
annexed herewith as ANNEXURE - P-5.
That on 05.05.2017 Letter addressed by Resident Welfare
Association, Ayur Vigyan Nagar to Petitioner requesting for a
foot-over-bridge (FOB) at the entrance of Ayurvigyan Nagar

on account of five schools between South Extension and Udai
Park on account of deaths while crossing roads, making the
stretch prone to accidents for old residents and school
children.Copy of the letter dated 05.05.2017 by is Resident
Welfare Association, Ayur Vigyan Nagar annexed herewith as
ANNEXURE - P-6.
That on 09.05.2017 Letter addressed by Tania Joshi, Principal
of The Indian School, Andrews Gang to the Petitioner stating
that the said school comprises of 2600 students and that the
school being located on Josip Broz Tito Marg, opp. Delhi Jail
Board which experiences high speed traffic. Hence, in an
attempt to ensure the safety of the said students, requested
for the construction of an overhead bridge, similar to the ones
built at Panchsheel Park and Jangpure Extension.Copy of the
letter dated 09/05/2017 by The Indian School is annexed
herewith as ANNEXURE -P-7.
That on 15.05.2017 Letter no. RWA/SDN/S-3/T-IV/2015-
17/122 addressed by the Central Government Employees
Residents Welfare Association, Sadiq Nagar Sector 3, Type 4
to the Petitioner requesting for the construction of a foot-over-
bridge on Joseph Broz Tito Marg, Near Indian School, Sadiq
Nagar, New Delhi on account of heavy traffic congestion and
traffic flow on the said route and non-availability of any
subway and foot-over-bridge on the same. Copy of the letter
dated 15.05.2017by Central Government Employees
Residents Welfare Association, Sadiq Nagar Sector 3, Type 4
is annexed herewith as ANNEXURE -P-8.
That on 03.06.2017 Representation made The Lieutenant

Governor of Delhi by S.D. Sharma, Area Welfare Officer,
Sadiq Nagar and Andrews Gang pertaining to requirement of
two Foot-over-Bridges over BRT Road/Josip Broz Tito Marg
(near Sector -1 Sadiq Nagar) and August Kranti Marg (near
Ayurvigyan Nagar) on account of both roads heavily loaded by
traffic round the clock and posing a danger to the children,
patients and residents in general. Moreover, the RWAs and
Area Welfare Officer of the aforementioned areas had
repeatedly took up the matter with the concerned authorities
but no action ensued. Copy is of the letter dated 03.06.2017
by Area Welfare Officer, Sadiq Nagar and Andrews Gang is
annexed herewith as ANNEXURE -P-9.
That on 12.07.2017 Representation made by the Petitioner
vide D.O. No./SDMC/59S/0087 to the Office of the Incumbent
Chief Minister concerning construction of foot-over-bridge at
Sadiq Nagar and Ayur Vigyan Nagar. Copy of the letter dated
12.07.2017 by the Petitioner to the Office of the Chief Minister
is annexed herewith as ANNEXURE -P-10.
That on 18.07.2017 Letter of Receipt by Office of Minister
Health, Industries, PWD, Power, Home, Transport & Urban
Development acknowledging D.O. No. SDMC.59S/9987 dated
12/07/2017 by Petitioner to Hon’ble Chief Minister vide office
Diary No. 37828/CMO fated 13.07.2017. Same sent to Pr.
Secretary, PWD, Government of NCT of Delhi for necessary
action thereupon. Copy of letter dated 18.07.2017 by the
Office of Minister Health, Industries, PWD, Power, Home,
Transport & Urban Development is annexed herewith as

ANNEXURE -P-11.
That on 06.09.2017 Reminder letter made by Petitioner to the
Office of the Minister of Health, Industries, PWD, Power,
Home, Transport & Urban Development vide letter no.
SDMC/59s/0183 apprising regarding the long-standing
demand of the residents of Sadiq Nagar and Ayurvigyan
Nagar for a Foot-over-Bridge(FOB) at Sadiq Nagar(BRT) to
Greater Kailash and Masjid Moth to Ayurv Vigyan Nagar
(Near Ansal Plaza). Location at Ayur Vigyan Nagar and
Masjid Moth are surrounded by three schools, one blind
school and over 15000 employees and private resident.
Similarly, population of Sadiq Nagar and other areas
disconnected and left to handle fast moving traffic on BRT.
Said results in difficulties in crossing the road and cause
regular accidents, including deaths. Students, elderly,
residents and the differently abled (blind persons) suffering in
absence of an FOB. Provision of an FOB ignored without due
cause. Copy of the letter dated 06/09/2017 by the Petitioner to
Office of Minister Health, Industries, PWD, Power, Home,
Transport & Urban Development is annexed herewith as
ANNEXURE -P-12.
That on 20.09.2017 letter was addressed by the Central
Government Employees Residents Welfare Association,
Sadiq Nagar Type 2 Sector 2 vide letter no.
RWA/SN/T-I&II/2017-18 apprising the Petitioner regarding the
difficulties faced by the residents of Sadiq Nagar, New Delhi in
crossing the road to catch buses/metro on account of heavy
traffic. Thus, requesting for the construction of a foot-over-

bridge for the same. Copy of the letter dated 20.09.2017 is
annexed herewith as Annexure -P-13.
J. BECAUSE despite the Representation made to the Office of the
incumbent Hon’ble Chief Minister vide letter no. vide D.O.
No./SDMC/59S/0087 dated 12.07.2017 which was thereafter,
forwarded to the Office of Respondent No.2, there were no remedial
measures employed and the threat to safety for the abovementioned
reasons in the aforementioned areas persists notwithstanding the
reminder letter dated 06.09.2017 by the Petitioner.
K. BECAUSE for the reasons to substantiate the demand of the
Petitioner, reliance is placed upon media reports pertaining to
pedestrian accidents, injuries and fatalities. For instance, according
to a report of DNA newspaper dated 18th January, 2017, out of 1415
deaths in 2016, 40% of the road accidents in Delhi account for
pedestrian fatalities. Such statistics are unnerving and call for prompt
and effective solutions. The said report further stated that while the
traffic police and Delhi Government have undertaken remedial
measures including Foot-over-bridges (FOBs). Moreover, the report
states that either the plans pertaining to construction of FOBs exists
purely on paper, lacking the requisite implementation or the existing
FOBs are in a poor and dilapidated condition. Special CP (traffic)
Ajay Kashyap furthermore added that:
“In order to improve the situation for pedestrians, cyclists and two-
wheeler riders, we have planned a four-pronged approach. This
includes strict enforcement, improving road engineering and
awareness drives for traffic violations and observing road

discipline”Copy of newspaper article DNA dated 18.01.2017 is
annexed herewith as ANNEXURE -P-14.
L. Similarly, Times of India on 28th January, 2017 published a study
which includes data from January to November, 2016 projected that
612 pedestrian deaths occurred in that period out which 50% of
deaths ensued while either pedestrians were walking or crossing the
roads, due to lack of infrastructural facilities. Copy of Newspaper
article dated 28.01.2017 is annexed herewith as ANNEXURE -P-15.
M. BECAUSE the aforementioned statistics ipso facto are a sufficient
cause for demanding remedial and preventive measures to curb such
accidents and fatalities in the future on account of primarily lack of
infrastructural facilities and precautionary measured adopted by the
State.
N. BECAUSE the Hon’ble Supreme Court in various cases has viewed
that the ‘Right to Life and Liberty’ as enshrined in Article 21 of the
Constitution of India includes the ‘Right to Safety’.
O. BECAUSE the Apex Court in the case of Khudiram Das v. State of
West Bengal , AIR 1975 SC 550 held that new needs of a person
for liberty in the different spheres of life can now be claimed as a part
of personal liberty under Article 21 and these personal liberties
cannot be restricted either by legislation or by law except satisfying
Articles 14 and 19. Fundamental freedoms can be effectively enjoyed
only if a person is to live with dignity, freedom and safety which
further ensures a good quality life which, falls within the mandate of
Article 21 of the Constitution.

P. BECAUSE the Hon’ble Supreme Court in Minu B. Mehta and
Another vs Balkrishna Ramchandra Nayan and Another observed
that every person has a right to safety and security of his person.
Q. BECAUSE in the Hon’ble Supreme Court in the matter of
AvishekGoenka vs Union Of India &Anr,(2012) 5 SCC 321held
that whatever are the rights of an individual, they are regulated and
controlled by the statutory provisions of the Act and the Rules framed
thereunder. The citizens at large have a right to life i.e. to live with
dignity, freedom and safety. This right emerges from Article 21 of the
Constitution of India. As opposed to this constitutional mandate, a
trivial individual protection or inconvenience, if any, must yield in
favour of the larger public interest.
R. BECAUSE Argumentum Ab AuctoritateFortissimum Est In Lege.
Hence, the abovementioned judgments substantiate Article 21 has
been infringed as the patients’ ‘Right to Safety’ has been
compromised with. The abovementioned judgements put the onus of
safety on the State.
S. BECAUSE India is a signatory to and has ratified the International
Covenant of Civil and Political Rights (ICCPR), 1996, Article 26 of
ICCPR states that, ‘All persons are equal before the law and are
entitled without any discrimination to the equal protection of the law.
In this respect, the law shall prohibit any discrimination and
guarantee to all persons equal and effective protection against
discrimination on any ground such as race, colour, sex, language,
religion, political or other opinion, national or social origin, property,
birth or other status.”

T. BECAUSE our country has fully embodied the aforementioned
provision of Article 26 of ICCPR under the all-encompassing
umbrella of Right to Equality guaranteed under Article 14 of the
Constitution of India. Therefore, the State is responsible for ensuring
equal treatment and equal protection to all citizens of India, failing
which the duty for enforcement of the aforesaid rights is casted upon
the Supreme Court and all High Courts under Articles 32 and 226
respectively.
U. BECAUSE the Hon’ble Supreme Court in Cooper v. Union of India,
AIR 1970 SC 564, observed that that the right to personal liberty in
Article 21 must be read with Article 19 and Article 14, whenever
necessary with a view to strengthen the right to personal liberty.
Hence, it follows that Article 14 is attracted in order to embolden the
rights as guaranteed under Article 21.
V. BECAUSE the matter of seeking directions from this Hon’ble Court
for construction of Foot-over-Bridges(FOBs) is not a novel one. This
Hon’ble Court has previously allowed the construction of FOBs in
light of public interest and safety.
W. BECAUSE Hon’ble Delhi High Court in the case of Panchshila
Cooperative House vs State (Govt) Of Nct Of Delhi&Ors, 2015
SCCOnline Del 10723,after referring to the report of Unified Traffic
and Transportation Infrastructure (Planning & Engineering) Centre
(UTTIPEC) . This Hon’ble decided the matter in favor of the
respondents as the said report inter alia, clearly indicated that the
pedestrian volume count was the highest at the location ShahpurJat
intersection. Hence, the Hon’ble bench allowed the construction of an

FOB at Panchsheel Club, near the Panchsheel Flyover, in the larger
public interest.
X. BECAUSE This Hon’ble Court previously gave directions for
expediting the process of construction of a foot-over-bridge in the
matter of Jangpura Residents Welfare Association(Regd) v.
Govt. of NCT of Delhi &Ors.in W.P. (c). 1385 of 2012wherein
Respondents undertook the construction of a foot-over-bridge over
Lala Lajpat Rai Marg, Jangpura Extension in 2007 and the same was
not fulfilled till 2012 due to an unexplained delay on the part of the
Respondents risking the lives of the general public
i.e. residents/pedestrians compelled to cross over the road, into
jeopardy opined that once the construction starts, it (foot-over-
bridge). The court directed that the FOB could be completed in 5-6
months time and one year may not be needed for this purpose.
Hence, the Respondents shall give due regard to this aspect treating
it as a matter of extreme urgency, and complete the same at the
earliest.
Y. BECAUSE in furtherance to the numerous letters addressed to the
Petitioner No.1 categorically reiterating the requirement of foot-over-
bridges in the interest of road safety of the residents, school
students, blind persons , pedestrians and passengers in general, the
Petitioner No.1 made a representation to the Office of the Chief
Minister on 12/07/2017. Thereafter, the Petitioner No.1 received a
letter of receipt acknowledging the D.O. by Office of Minister of
Health, Industries, Public Works Department (PWD), Power, Home,
Transport & Urban Development. Disconcertingly, no remedial action
as promised ensued despite a reminder addressed by Petitioner to

the Office of the aforesaid Minister dated 06/09/2017, amounting to
gross negligence on their part.
Z. BECAUSE in the light of the abovementioned provisions and relevant
statutory provisions, it is a non-delegable and inescapable duty of the
Respondents towards and not limited to the residents, pedestrians,
passengers, notwithstanding their socioeconomic status, physical
constraints, age factor among others to safeguard their statutory and
impartible rights.
AA. BECAUSE the Public Works Department is outside the ambit of
jurisdictional powers of the Petitioner in the capacity of Municipal
Corporation of Delhi. Hence, the present Petition.
BB. BECAUSE it is humbly submitted that this Hon’ble court may
intervene in this present situation and safeguard the rights and
interests of the citizens and persons BoniJudicis Est Judiciumsine
Dilatione Mandare Executioni.
CC. BECAUSE it has been reiterated and stoutly emphasized that the
Respondents are responsible to protect the interests of the citizens,
more so the fundamental rights embodied under the Constitution of
India. There is an imperious requirement for revisiting existing
guidelines and provisions and thereafter framing revised road safety
guidelines in light of abovementioned circumstances and statistics by
the Respondents in an expeditious manner in the larger public
interest.
DD. BECAUSE The Hon’ble Supreme Court in the case of Rudal Sah v.
State of Bihar, 1983 AIR 1086, for the first time laid down the
principle that compensation can be given in the cases where any

fundamental right of an individual has been injured and that the
upper courts have the authority to do so “through the exercise of writ
jurisdiction and evolved the principle of compensatory justice in the
annals of human rights jurisprudence.” Hence, the present petition.
EE. BECAUSE it is humbly submitted that no such petition has been filed
before this Hon’ble Court or any other Hon’ble Courts of India.
PRAYER
In the facts and circumstances of the case, as mentioned above, it is,
therefore, most humbly prayed that this Hon’ble Court may graciously be
pleased to:
A. Issue writ of Mandamus or any other appropriate Writ and direct
the Respondents to construct two foot-over-bridges (FOBs) on the
abovementioned routes namely Josip Broz Tito Marg (linking
Sadiq Nagar and Greater Kailash - 1) and on August Kranti Marg
(near main entry to Ayurvigyan Nagar), expeditiously in a time
bound manner.
B. Issue writ of Mandamus or any other appropriate Writ and direct
the Respondents to raise railings on dividers constructed on
abovementioned road.
C. Issue writ of Mandamus or any other appropriate Writ and direct
the Respondents to standard guidelines/ measures for road safety
in the light of the abovementioned,
D. Pass any other appropriate order, guidelines, directions or relief
which may deem fit in the facts and circumstances of the case.
NEW DELHI
DATED: 26.09.2017
THROUGH
ASHIMA MANDLA
New Delhi-110014,
Mob: +91-9999609157.
E.
IN THE MATTER OF:

ABHISHEK DUTT …………...PETITIONER
VERSUS
N.C.T. OF DELHI & ORS. ……….RESPONDENTS
AFFIDAVIT
I, Abhishek Dutt , S/o Mr. K.K. Dutt , aged around 38 years, resident of
G-35, Jangpura Extension, New Delhi-110014, do hereby solemnly
affirm and declare as under: -
1. That I am Petitioner in the above matter, and am fully acquainted
with the facts of the instant case and fully competent to swear
thereto.
2. That I have filed the present petition as a Public Interest Litigation.
3. That I have gone through the Delhi High Court (Public Interest
Litigation) Rules, 2010 and do hereby affirm that the present
Public Interest Litigation is in conformity thereof.
4. I have no personal interest in the litigation and neither myself nor
anybody is interested would in any manner benefit from the relief
sought in the present litigation save a member of General Public.
The petition is not guided by self-gain or gain of any person,
institution, body and there is no motive other than of public
interest in filing this petition.
5. I have done whatsoever inquiry/investigation which was in my
power to do, to collect all data/material which was available and

which was relevant for this Court to entertain the present petition. I
further confirm that I have not concealed in the present petition
any data/material/information which may have enabled this Court
to form an opinion whether to entertain this petition or not and/or
whether to grant and relief or not.
6. That I have not moved any other similar petition before this
Hon’ble Court or any other High Court.
7. That I have read the contents of the present petition and
accompanying application and the present affidavit and the same
is true and correct to the best of my knowledge and belief.
DEPONENT
VERIFICATION
Verified at New Delhi, this the ____day of November, 2017 that the
contents of this affidavit are true and correct to the best of my
knowledge and belief and nothing material has been concealed there
from.
DEPONENT
IN THE MATTER OF:

VERSUS
APPLICATION ON BEHALF OF PETITIONER FROM EXEMPTION

FROM FILING OFFICIAL TRANSLATION & ALL ANNEXURE CERTI-
FIED COPY.
TO,
THE HON’BLE CHIEF JUSTICE &
HIS COMPANION JUSTICES OF THIS HON’BLE COURT
HUMBLE PETITION OF THE PETITIONER ABOVE-NAMED
MOST RESPECTFULLY SHOWETH:
1. The Petitioner has filed the the present Writ Petition under
Article 226 of The Constitution of India seeking writ of
Mandamus directing respondents to construct two foot-
over-bridges (FOBs) on the routes namely Josip Broz Tito
Marg (linking Sadiq Nagar and Greater Kailash-I) and August
Kranti Marg (near main entry to Ayurvigyan Nagar),
expeditiously in a time bound manner with affidavit.
2. That for the sake of brevity the Petitioner is not narrating
the full facts of the case herein in this application and
craves leave of this Hon’ble Court to refer to and rely upon
the facts stated in the Writ petition as forming part and
parcel of this application for exemption from filing official
translation.
3. That in the aforesaid matter, annexed are documents are a
combination of letters addressed and newspaper articles . In
order to save time the petitioner has privately managed to
translate the aforesaid documents, through a competent
lawyer who is fully conversant with both the languages.
PRAYER
It is most respectfully prayed that this Hon’ble Court may be
pleased to:
a) Exempt the petitioner from filing the official translation
of all annexures.
b) Pass any such further order or orders as this Hon’ble
Court may deem fit and proper in the facts and circum-
stances of the case.
Filed by:
MANDAKINI SINGH/PALLAVI MALHOTRA/ASHIMA MANDLA

ADVOCATES FOR THE PETITIONER
B 130, FIRST FLOOR,
JANGPURA-B, NEW DELHI – 110014
New Delhi
Dated:

Abhishek Dutt v. NCT - FINAL

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IN THE HIGH COURT OF DELHI AT NEW DELHI

(EXTRAORDINARY WRIT JURISDICTION)

IN THE MATTER OF:

STATE GOVT N.C.T. OF DELHI & ORS. ….RESPONDENTS

S. No. Particulars Page Nos.

10. ANNEXURE P-3

24. ANNEXURE – P-17

MANDAKINI SINGH, PALLAVI MALHOTRA,

IN THE MATTER OF:

STATE GOVT N.C.T. OF DELHI & ORS. ….RESPONDENTS

High Court and the same is likely to be listed on or before

___November, 2017. Please take note of the same.

MANDAKINI SINGH, PALLAVI MALHOTRA,

IN THE MATTER OF:

the present are as follows:-

“AS PRAYED IN THE PRAYER CLAUSE”

MANDAKINI SINGH, PALLAVI MALHOTRA,

IN THE MATTER OF:

STATE GOVT N.C.T. OF DELHI & ORS. ….RESPONDENTS

1. STATE GOVT. N.C.T. OF DELHI

2. MINISTRY OF HEALTH, INDUSTRIES, PWD, POWER, HOME,

MANDAKINI SINGH, PALLAVI MALHOTRA,

IN THE MATTER OF:

STATE GOVT N.C.T. OF DELHI & ORS. ….RESPONDENTS

MANDAKINI SINGH, PALLAVI MALHOTRA,

04.03.2017 Letter addressed by Central Government Employees

02.05.2017 Letter addressed by Janta Adarsh Andh Vidyalaya, Sector

05.05.2017 Letter addressed by Resident Welfare Association, Ayur

09.05.2017 Letter addressed by Tania Joshi, Principal of The Indian

15.05.2017 Letter no. RWA/SDN/S-3/T-IV/2015-17/122 addressed by

03.06.2017 Representation made to The Lieutenant Governor of

12.07.2017 Representation made by the Petitioner vide D.O.

18.07.2017 Letter of Receipt by Office of Minister Health, Industries,

20.09.2017 Representation made to Petitioner by the Central

IN THE MATTER OF:

STATE GOVT N.C.T. OF DELHI & ORS. ….RESPONDENTS

WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF

HUMBLE PETITION OF THE PETITIONER ABOVE NAMED

MOST RESPECTFULLY SHOWETH: -

1. That the present Writ Petition is being filed as Public Interest

Litigation, under Article 226 of the Constitution of India by the

Petitioner, seeking issuance of the writ of Mandamus and directions

no vested personal interest in the subject-matter of the petition.

than public interest.

2. The Petitioner No.1 incumbently presides over the chair of

Municipal Councilor, Andrews Ganj and Leader of Indian National

Congress, South Delhi Municipal Corporation and is a publicly

spirited citizen and intrinsically motivated social worker.

3. The present petition raises the following important questions to be

adjudicated by this Hon’ble Court :-

I. Whether Right to Safety is a part of Right to Life and Liberty

under Article 21 of the Constitution of India ?

II. Whether construction of foot-over-bridges on roads bustling

with traffic contributes towards road safety?

III. Whether foot-over-bridges have previously been erected in

other parts of the Capital or the Country in an attempt to

contribute towards safety of citizens?

IV. Whether inaction towards construction of foot-over-

bridges (FOB) despite adequate representation to

Respondent no. 2, on routes bustling with traffic such

as the ones in question, shall tantamount of the

been obtained by the Petitioner through letters addressed to the

Petitioner by Residents’ Welfare Associations of Ayur Vigyan Nagar