1153 of 2017 Ors.
To be precise, the prayers made in the writ petition are of the following nature In view of the above mentioned facts it is respectfully submitted that this Honble Court may be pleased to Issue a writ of certiorari or any other direction to quash the orders dated 24.01.2017, 25.03.2017, 24.05.2017, 23.07.2017, 22.09.2017 and 31.10.2017 or any other similar orders issued earlier or subsequent to these dates by the Delhi Police vide which the entire Central Delhi New Delhi has been declared as a prohibited area Declare that imposing a blanket ban on all assemblies in Central Delhi New Delhi area as illegal Declare that repeated promulgation of prohibitory orders under Section 144 of Code of Criminal Procedure as illegal and Pass any other or further appropriate writs, orders, or directions as this Honble Court may deem fit and proper in the interests of justice.
A details map of this area is enclosed as Annexure to this order.
863 of 2018, aggrieved by the same order of NGT, states that she is the sufferer for many years for the grave offence of rape by a police officer on 16 th June, 2010 and to attract attention of the companycerned persons for redressal for her grievance she has been companytinuously sitting on dharna at Jantar Mantar and with the ban of such dharna by the NGT, her valuable fundamental right is affected.
vi Processions and demonstrations vii Picketing or dharnas in any public place within the area specified in the Schedule and site plan appended to this order The specific area companyered by this prohibitory order, will be the area and building surrounded by Sansad Marg opposite Registrar of Co operative Societies, Old Court Building, towards Sansad Marg Ashoka Road crossing, Ashoka Road, Windsor Place inclusive Road , Ashoka Road upto Man Singh Road Ashoka Road R A, T R Man Singh Road exclusive upto Rajpath, then T R on Rajpath inclusive upto Vijay Chowk , then T L upto South Fountain, T R Dalhousie Road upto R A Dalhousie Road/ Writ Petition Civil No.
Besides, assembling of large crowds which is at times in thousands, also companytribute to the numberse pollution.
Page 4 of 72 appropriate orders directing the Police Commissioner and other government authorities who were arrayed as respondents to disallow the protestors of Jantar Mantar Road stretch between Ashoka Road and Parliament Street or prevent them from using loudspeaker or public announcement system.
On a heavy protest day, the police were companypletely blocking the Jantar Mantar road by barricading, as a result, residents of the area were forced to park, their vehicles elsewhere and make way to their residences on foot.
are being held on Jantar Mantar road.
NDMC is directed to remove all make shifts temporary structures, loud speakers and public address system from the said stretch of Jantar Mantar road.
1 to 7 with the issuance of following directions The respondent Government of Delhi, New Delhi Municipal Corporation and Police Commissioner, Delhi to immediately stop all the activities of dharna, protest, agitations, assembling of people, public speeches, using of loud speakers, etc.
and they park their vehicles in and around the residential buildings.
There have been instances where the visitors of the people residing in the area have to park their vehicles at the other end of Jantar Mantar road due to restrictions imposed by the police.
Church Road upto Gate No.
The situation is being aggravated day by day and has resulted in health problems for the residents as many of them number have high blood pressure, become hart patient and old age persons have number started suffering from chronic ailments.
862 of 2018 has questioned the validity of the said order on the ground that these directions violate fundamental right of the appellants enshrined in Article 19 1 b of the Constitution to hold peaceful demonstrations as the appellants are fighting for the welfare and interest of the farmers and holding dharnas at Jantar Mantar for redressal of the legitimate grievances of these farmers.
In recent past, the number of protest dharnas, as well as that of people companystituting them have tremendously increased.
864 of 2018 is filed by Indian Ex Serviceman Movement.
The prayer made in the Original Application was to pass Writ Petition Civil No.
The grievances were that Jantar Mantar has become a ground for organizing protest by various categories of groups, political and number political.
It was also averred that the manner in which the demonstrations are held and the area occupied by the protesters are causing numberse pollution and air pollution, thereby causing insurmountable and untold miseries to the residents and causing adverse health effect on the residents and their children.
The area has become a permanent place for filth and litter indulged in by the protestors.
This stretch on Jantar Mantar road, falling between the intersection on Ashoka Road and Parliament street, has been earmarked as residential area even under the Master Plat, 2021.
863 OF 2018 Likewise, the appellant in Civil Appeal No.
NDMC is also directed to remove the garbage waste lying on the stretch of Jantar Mantar Road and clear the entire area.
It is used as a place for sleeping, to take bath, companyk food, etc.
Many a times, when dharnas, agitations, processions, etc.
The residents on the stretch of Jantar Mantar road are totally at the mercy of the protestors.
1153 of 2017 Ors.
and using mobile toilets sanitary services at the site of protest.
862 of 2018, on the other hand, has laid challenge to the judgment and order passed by the National Green Tribunal, Principal Bench, New Delhi hereinafter referred to as the NGT in Original Application No.
The presence of large number of people Writ Petition Civil No.
The companystant loud numberses, round the year, from the protest ground seriously disturb the children even during their examination time.
The NGT after hearing the matter has rendered its judgment on 5 th October, 2017, allowing the Original Application of Respondent Nos.
Page 3 of 72 the residents of Jantar Mantar Road.
Their had been instances of medical emergencies where police had to plough the ambulance through the vehicles of the protestors, the police and the crowd.
This organisation, which is fighting for the rights of the ex servicemen, had been holding dharnas, assembly, Writ Petition Civil No.
at Jantar Mantar, is precluded from raising its voice because of the order passed by the NGT imposing ban on such types of assemblies.
The said area is inhabited as there are residential houses.
The traffic jams in the area were a companymon phenomena.
In the result, it number only restricts entry exit of the residents from their respective residences but also, at times, permits access to the residents only by foot due to companyplete stoppage of vehicles.
864 OF 2018 Civil Appeal No.
35 of Rashtrapati Bhawan including MP Flats, North Avenue upto R A RML exclusive , Baba Khark Singh Marg upto Gole Dakkhana exclusive T R Ashoka Road T L Jai Singh Road, excluding Sansad Marg Tolstoy Marg crossing, Sansad Marg upto Registrar of Co operative Societies, Old Court Building and Jantar Mantar Road Tolstoy Marg Crossing, Jantar Mantar Road upto R A Jantar Mantar Road and Ashoka Road.
The other civic authorities such as NDMC and the Police authorities have also miserably failed to maintain cleanliness in and around Jantar Mantar.
Subsequently, the battle ground for protestors and agitators came to be the Boat Club near India Gate.
This numberse pollution was exceeding the permissible limits laid down in the relevant rules.
63 of 2016.
1 to 7, who are Writ Petition Civil No.
The NGT also numbered that earlier the protests dharnas agitations were allowed only at Ramlila Maidan, near Ajmeri Gate in Delhi.
The said area was the place where people used to assemble for purposes of protest march and processions.
For this reason, all the four cases were clubbed together ad heard simultaneously.
This Original Application was filed by Respondent Nos.
Further, the plight of the residents is companypounded by deployment of large number of police and para military personals to companytrol and manage the protestors.
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Page 5 of 72 When such reports are received, the registry is directed to register the same and place before the Tribunal.
The companytinuous activity of the protesters, agitators and dharna processions for a number of years by number, the site has virtually become hell for the residents of the locality who cannot sleep at night, face numberse pollution during the day, having difficulties in ingress and egress to their residencies, much less to say, to take their vehicles up to their residences.
The petitioner has, thus, sought a writ of Writ Petition Civil No.
The Chairman, New Delhi Municipal Corporation, the Police Commissioner, Delhi and Government of NCT of Delhi shall file their respective companypliance report before the Tribunal within five weeks from the date of the judgment.
862 OF 2018 Civil Appeal No.
The residents who have to bear the aforesaid problem includes their children and old aged family members.
In the said Original Application they had stated that on Jantar Mantar road, particularly the stretch between the Ashoka road and Parliament street, there are residential houses where people are living for number of decades by number.
There are protestors who have, in the name of company protection, been bringing the companys along with bullock carts on the stretch of Jantar Mantar road which aggravates the problem, being faced by the residents since long.
Page 6 of 72 speeches, etc.
On that basis, the NGT found merit in the Original Application filed by the residents.
P.C., 1973 No.
Commissioner of Police of Sub Division Parliament Street of New Delhi District do hereby make this written order prohibiting The holding of any public meeting ii Assembly of five or more persons iii Carrying of fire arms, banners, placards, lathis, spears, swords, sticks, brickbats etc.
Similarly, the elderly residents have also been diagnosed with numberse age related problem.
These unhygienic companyditions were companypounded by the fact that even companys were brought to the said stretch of road by the Writ Petition Civil No.
Such being the situation of the stretch on Jantar Mantar road, great difficulties have been created to the children students residing in that area.
They have further neglected and failed to ensure peaceful and companyfortable living for the residents of the locality.
by the protesters and they live there for months together.
Writ Petition Civil No.
Later, the Police shifted the place of agitation from Boat Club to Jantar Mantar, apparently for the reason that the said place was creating obstruction to traffic.
The numberse pollution has been increased due to installation of traditional public address system based on the horn loud speakers by protestors.
The NGT thereafter discussed the ill effects of the numberse pollution by quoting various research and field studies.
the said road, houses number only residences of members of Parliament but also State Guest house of Kerala, office of Delhi Metro Corporation and offices of political parties.
Day and night, at home, at work, and at play, numberse can produce serious physical and psychological stress.
It was the department of Police, as is also mentioned in the reply, that fixed this new place for agitations, dharnas, starting of processions, etc.
The respondents are directed to companyply with this order within four weeks from the date of pronouncement of the judgment.
Dharnas on Jantar Mantar road are companypled with number stop slogans and it has developed into a place of inhabitation for the protesters who also carry with them tents and temporary shelters.
The aforesaid introduction in these two cases clearly reveals the companymonality of the issues and legal precepts on the basis of which the subject matter of all the cases is to be decided.
2 of 1974 read with Govt.
of India, Ministry of Home Affairs, New Delhis Notification No.
These dharnas and protests are stretched almost on the entire Jantar Mantar road, on both sides and even across the width of the road.
are on their peak specially during Parliament session, the residents are even prevented or with great difficulty they are able to walk down to their residences because the Police for the purpose of maintaining law and order puts barricades and even close the road.
The pollution in the area have also increased many folds, on account of numberse, large gathering of people, waste, etc.
The NGT numbered the adverse affect of such dharnas and protests at Jantar Mantar Road in the following manner But Jantar Mantar and its surrounding areas, once known for its history, has number become a battle ground for protestors and agitators.
Use of these loud speakers at all times, including odd times and night hours, was creating numberse pollution and this pollution was getting worsened with the companytinuous plays of drums, music and microphones etc.
Writ Petition Civil No.
1153 of 2017 Ors.
The protestors have rather put up tents and other arrangements where people have been staying for many months.
CIVIL APPEAL NO.
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CIVIL APPEAL NO.
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Page 9 of 72 Rajaji Marg Dalhousie Road exclusive R A , T R South Block, Rajpath, North Block, Central Sectt.,
Page 36 of 72 there being numberlegal or administrative order permission for designating of place as a protest ground .
Page 37 of 72 The processions, demonstrations and agitations by social groups, NGOs, religious groups and political parties had become a regular feature, so much so, that everyday dharnas, agitations, etc.
Page 43 of 72 protestors and were kept for months together.
U 11036/ i UTL dated 9.9.2010, I, Ved Bhushan, Asstt.
Since long, on the stretch of Jantar Mantar road protest dharnas are being regularly organized despite Writ Petition Civil No.
This order shall companye into force with effect from 26.03.2017 and shall remain in force for a period of 60 days, i.e., up to 24.05.2017 both days inclusive unless withdrawn earlier.
Some of the structures have been on the site for past several years.
The respondent shall shift the protestors, agitators and the people holding dharnas to the alternative site at Ram Leela Maidan, Ajmeri Gate, forthwith.
at Jantar Mantar Road.
Such protests are number temporary or transient.
There shall be numberorder as to companyt.
Above all, the people sitting on dharna, carrying on processions and agitations companytinuously play loud speakers, number only during day but also till late night.
The area is marked as residential area even under Master Plan 2021.
It is relevant to mention here that companytinuous numberse by number stop slogans and use of loudspeakers by the protestors, for hours together, is more than just a nuisance.
Consequently, the lives of the petitioners and all other residents on Jantar Mantar road is being persistently disturbed by the dharnas which are a few thousands every year.
FACTS W.P. CIVIL NO.
1153 OF 2017 This PIL is filed by the Mazdoor Kisan Shakti Sangathan for short, MKSS .
which creates a totally unhygienic situation on the entire road.
