Lt Col CPC Nath                        C 679 Sarita Vihar, New Delhi 110044

                                                                        Phone: 91 11 694 8083, 981 020 2680

                                                                        Email: nath@computer.org,

25 March 2002

To,

Mr UR Kapoor, Secretary,

Public Grievance Commission,

Government of Delhi, 2nd Floor M Block,

Vikas Bhavan, IP Estate, New Delhi 110002

 

 

TOTAL FAILURE TO  TAKE ACTION AGAINST CRIMINAL OFFENCE AND IN SUPPORT OF LAW ENFORCEMENT

Sir,

I have the honor to express my grievance against Delhi Police and Delhi Municipal Corporation as set out in the following paragraphs.

 

2. I am a resident of  C 679 Sarita Vihar, New Delhi 110044. The law of the land protects my legal rights to the use of the public Street provided to us and maintained by MCD and the same can be denied to me only under the due process stipulated in the Delhi Municipal Corporation Act. This rights of mine and similarly placed residents have been denied since 30 November 2001 by those who have no authority to deny me the use of this right.

3. I have approached the following authorities but failed to get my rights restored under the law:

 

Date

Action Taken

Response

Remarks

20 Dec 2002

FIR lodged with SHO, Sarita Vihar Police Station

Failed to record the FIR even though it was proved that the offence committed by the offender was cognizable-The Code of Criminal Procedure, 1973 (2 of 1974) shall apply to an offence under sub-section (1) of section 320

Police failed to report to Commissioner MCD about the offence committed under DMC Act as explicitly required under the Act.

See FIR copy attached

7 Jan 2002

Complaint lodged with Deputy Commissioner of Police South District

Analysis of crime committed was proved to the Dy Commissioner of Police, South District in the form of  analysis under DMC Act, CPC and MVA

 

14 Jan 2002

Complaint from about 150 residents  similarly affected forwarded  to Dy Commissioner of Police, South District

No Response till date

Criminal offence under CPC continued to be committed

 

 

 

 

 

 

 

4. Law of the land adequately protects me, a citizen of Delhi and others similarly placed. What lawmakers have passed in their wisdom to protect the citizens is being ignored by SHO, ACP and Deputy Commissioner of police South District.  Police has erred grievously in fulfilling their responsibility of law enforcement. It is sadly being forgotten that it is not for the Police to decide what is good for the citizens, a responsibility safely left for the law makers.

 

5. I am left with the option of clogging the law courts with yet another case, which could have been settled by the Police in a matter of minutes.

6. The details of the case are adequately conveyed in the enclosed letters and not further elaborated.

6. Prayer:

    1. Record the FIR as required under the Code of Criminal Procedure.
    2. Report the construction of the illegal structure or obstruction to the Commissioner, MCD.
    3. Clear the obstruction to allow free flow of traffic in these “public Streets”.
    4. Bring to book the offenders under Criminal Procedure Code Section 320 1) and Section 461 of Delhi Municipal Corporation Act and Motor Vehicle Act 1988.

 

 

Respectfully submitted,

 

Sd/=

CPC NATH

An Aggrieved Citizen of Delhi

 

 

Enclosure:

  1. FIR submitted on 20 Dec 2001 to SHO Sarita Vihar, New Delhi.
  2. Complaint forwarded to Dy Commissioner of Police South District on 14 Jan 2002

 

Lt Col CPC Nath                                        C 679 Sarita Vihar, New Delhi 110044

                                                                        Phone: 91 11 694 8083, 981 020 2680

                                                                        Email: nath@computer.org,

                                                                        14 January 2001

 

 

To

Deputy Commissioner of Police Traffic, South District, New Delhi

 

FIRST INFORMATION REPORT : OFFENCE UNDER DELHI MUNCIPAL CORPORATION ACT 1957  & CRIMINAL PROCEDURE CODE

Sir,

I have the honor to report the following for your corrective action.

 

Statement of Facts:

  1. I had lodged an FIR against Mr. H Dutt, C 562 Sarita Vihar, New Delhi with SHO Sarita Vihar, New Delhi on 20 Dec 2001.
  2. The Police Station Sarita Vihar did not register the FIR and failed to provide me the copy of the FIR and also failed to prevent the continued commission of the crime.
  3. SHO Sarita Vihar has erred grievously in this matter in view of the following:

Authority: Delhi Municipal Corporation (DMC Act) 1957

Legal Requirement

Illegal Action

DMC Act 1957 Section 299 (2)

To close a public street vesting with the MCD, previous sanction of the Corporation is required.

No sanction of the Corporation was given.

DMC Act 1957

Section 299 (2)

Corporation shall by notice publish as per bylaws give reasonable opportunity to the residents likely to be affected by such closure to make suggestions or objections with respect to such closure

No such notice was given by the Corporation

DMC Act 1957 Section 299 (2)

Corporation shall consider all suggestions or objections which may be made within one month from the date of the publication of the said notice

No such consideration of suggestion or objections was taken.

DMC Act 1957 Section 303

Commissioner only can take action to close the public street, provided that the Commissioner shall not take action without the sanction of the Corporation in cases under clause.

 

Mr. H Dutt has taken law in his own hands

DMC Act 1957 Section 320 (1)

Section 320. Prohibition of structures or fixtures which cause obstruction in streets- (1) No person shall, except with the permissions of the Commissioner granted in this behalf, erect or set up any wall, fence, rail, post, step, booth or other structure whether fixed or movable or whether of a permanent or temporary nature, or any fixture in or upon any street so as to form an obstruction to, or an encroachment upon, or a projection over, or to occupy any portion of such street, channel, drain, well or tank

Mr. H Dutt has taken law in his own hands and closed the public streets in Sarita Vihar Pocket C for free flow of traffic from 30 Nov 2000 by construction of barriers and gates which are kept closed.

DMC Act 1957 Section 466 A  & Criminal Procedure Code

SHO, Police station is required to register an FIR against a criminal offender who commits an offence under Code of Criminal Procedure.  Under Section 466A of the Act, Certain offences to be cognizable-The Code of Criminal Procedure, 1973 (2 of 1974) shall apply to an offence under sub-section (1) of section 320

SHO, Sarita Vihar Police Station failed to record the FIR given on 20 Dec 2001.  Criminal offence was committed on 30 Nov 2001 and continues to be committed till date. People against whom the offence is committed are suffering the consequences of the offence for last 7 weeks.

DMC Act 1957 Section 475

It shall be the duty of all police officers to give immediate information to the commissioner (MCD) of the commission of, or the attempt to commit any offence against this Act

SHO Sarita Vihar failed to provide immediate information to the Commissioner MCD though this requirement was pointed out to the SHO through the request to lodge the FIR on 20 Dec 2001

Motor Vehicles Act (MVA) 1988 Section115 Power to restrict the use of vehicle

The State Government or any authority authorized in this behalf by the State Government, if satisfied that it is necessary in the interest of public safety or convenience, or because of the nature of any road or bridge, may by notification in the Official Gazette, prohibit or restrict, subject to such exceptions and conditions as may be specified in the notification, the driving of motor vehicles or of any specified class or description of motor vehicles or the use of trailers either generally in a specified area or on a specified road and when any such prohibition or restriction is imposed, shall cause appropriate traffic signs to be placed or erected under section 116 at suitable places:

 

No notice in the Official Gazette was given, though the restriction/ denial lasted more than 1 month

MVA 1988 Section115.Power to restrict the use of vehicle

Provided that where any prohibition or restriction under this section is to remain in force for not more than one month, notification thereof in the Official Gazette shall not be necessary, but such local publicity as the circumstances may permit, shall be given of such prohibition or restriction.

 

No local publicity was given by the local authority of prohibition/ restriction prior to the completion of 1 month of this obstruction.

MVA 1988 Section 116. Subsection (1) Power to erect traffic signs.

 (1) (a) The State Government or any authority authorized in this behalf by the State Government may cause or permit traffic signs to be placed or erected in any public place for the purpose of bringing to public notice any speed limits fixed under sub-section (2) of section 112 or any prohibitions or restrictions imposed under section 115 or generally for the purposes of regulating motor vehicle traffic.

 

Mr. H Dutt was not authorized by the state government to place traffic signs.

MVA 1988 Section 116 Subsection (2)

(2) Traffic signs placed or erected under sub-section (1) for any purpose for which provision is made in the Schedule shall be of the size, color and type and shall have the meanings set forth in the Schedule, but the State Government or any authority empowered in this behalf by the State Government may make or authorize the addition to any sign set forth in the said Schedule, of transcriptions of the words, letters or figures thereon in such script as the State Government may think fit provided that the transcriptions shall be of similar size and color to the words, letters or figures set forth in the Schedule.

 

The unauthorized traffic sign placed by Mr. .H Dutt is not of the authorized size, color and type.

MVA1988 Section 116 Subsection (3)

(3) Except as a provided by sub-section (1), no traffic sign shall, after the commencement of this Act, be placed or erected on or near any road

The traffic sign was illegally placed Mr H Dutt after the commencement of the Act i.e. 1988

General

The fact that the one side effect of the offence may result in some good to society does not make the offence less of an offence under CPC, MCD Act and MVA, all combined.

Illegal closing of public street vesting with Delhi Municipal Corporation is purported to provide increased security does not make this less of a criminal offence. Even the security provided is bogus and is only an excuse to reduce traffic in front of the offender’s homes while redirecting traffic to long, and circuitous and accident prone by lanes of the colony.

The benefit of reducing traffic in front of the residences of office bearers of the RWA is too low a benefit compared to the cost to be paid by all the residents in terms of very high risk of abduction and kidnapping of school going children who are forced to wait in insecure areas outside the colony for the school buses, which are prevented from coming inside the colony, a privilege the colony had enjoyed for the last 12 years of its existence.
  1. The above clearly indicate that the Police was NOT acting for Law enforcement but was acting against the law. Thus the police has not only failed to record the FIR but also failed to report the matter to the Commissioner of MCD and thus the complainant and many other residents similarly placed are suffering the consequences of the criminal actions by Mr. H Dutt, C-562, Sarita Vihar, New Delhi 10044

 

Immediate Action Requested:

 

    1. Record the FIR as required under the Code of Criminal Procedure.
    2. Report the construction of the illegal structure or obstruction to the Commissioner, MCD.
    3. Clear the obstruction to allow free flow of traffic in these “public Streets”.
    4. Bring to book the offenders under Criminal Procedure Code Section 320 1) and Section 461 of Delhi Municipal Corporation Act and Motor Vehicle Act 1988.

 

 

Thanking you,

Yours Truly,

 

Sd/=

CPC Nath

 

 

 

Lt Col CPC Nath                        C 679 Sarita Vihar, New Delhi 110044

                                                                        Phone: 91 11 694 8083, 981 020 2680

                                                                        Email: nath@computer.org,

20 Dec 2001

To

SHO, Sarita Vihar, New Delhi

 

FIRST INFORMATION REPORT : OFFENCE UNDER DELHI MUNCIPAL CORPORATION ACT 1957 (Act No. 66 of 1957)

 

Sir,

I have the honor to lodge the following FIR on the following offence under DELHI MUNCIPAL CORPORATION ACT

 

  1. Offence: Illegally Obstructing traffic in public streets inside Sarita Vihar by constructing barriers and gates which are locked /welded permanently and blocking public traffic 24 hours of the day on these “public street” vested under Delhi Municipal Corporation.
  2. Offenders :

·        Mr. H Dutt (President RWA C Pocket),

·        Mr. Pradeep Madhani, (General Secretary C Pocket RWA)

  1. Provisions of the Act above:
    1. Section 299 (2): With the previous sanction of the Corporation the Commissioner may permanently close the whole or any part of a public street: Provided that before according such sanction the Corporation shall by notice publish in the manner specified by bye-laws give reasonable opportunity to the residents likely to be affected by such closure to make suggestions or objections with respect to such closure and shall consider all such suggestions or objections which may be made within one month from the date of the publication of the said notice.
    2. Section 303. Power to prohibit use of public streets for certain kind of traffic-(1) The Commissioner Provided that the Commissioner shall not take action without the sanction of the Corporation in cases under clause (a) and without the sanction of the Standing Committee in cases under clause (c).(2) Notices of such prohibition as are imposed under sub-section (1) shall be posted in conspicuous places at or near both ends of public streets or portions thereof to which they relate, unless such prohibition applies generally to all public streets.
    3. Section 320. Prohibition of structures or fixtures which cause obstruction in streets-(1) No person shall, except with the permissions of the Commissioner granted in this behalf, erect or set up any wall, fence, rail, post, step, booth or other structure whether fixed or movable or whether of a permanent or temporary nature, or any fixture in or upon any street so as to form an obstruction to, or an encroachment upon, or a projection over, or to occupy any portion of such street, channel, drain, well or tank.(2) Nothing in this section shall apply to any erection or thing to which clause (c) sub-section (1) of section 325 applies.
    4. Section 461 Punishment for certain offences-2 [(1)] Whoever-(a) contravenes any provision of any of the sections, sub-sections, clauses, provisions or other provisions of this Act mentioned in the first column of the Table in the Twelfth Schedule; or(b) fails to comply with any order or direction lawfully given to him or any requisition lawfully made upon him under any of the said sections, sub-sections, clauses, provisos or other provisions, shall be punishable--(i) with fine which may extend to the amount, or with imprisonment for a term which may extend to the amount specified in the fourth column of that Table for every day during which such contravention or failure continues after conviction for the fist such contravention or failure.
    5. Section 475. Duties of police officers-It shall be the duty of all police officers to give immediate information to the commissioner 1 [***] of the commission of, or the attempt to commit any offence against this Act or any rule, regulation or bye-law made there under and to assist all municipal officers and other municipal employees in the exercise of their lawful authority.

 

  1. Request: Please take IMMEDIATE action to
    1. Report immediate information to the Commissioner, Municipal Commissioner, MCD, Delhi. Under Section 475
    2. Clear the obstruction to allow free flow of traffic in these “public Streets”.
    3. Bring to book the offenders under the above Act Section 461.

 

 

Yours sincerely,

 

Sd/=

CPC Nath