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Delhi HC To Hear A Plea Challenging Validity Of Delhi Govt's Odd-Even Rule [Read Petition]

Karan Tripathi
22 Oct 2019 10:43 AM GMT
Delhi HC To Hear A Plea Challenging Validity Of Delhi Govt
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Delhi High Court will hear on November 1 a PIL challenging the validity of the Delhi Government's flagship programme, 'Odd-Even Rule', which is aimed at reducing vehicular pollution in the national capital.

Filed by Advocate Shashwat Bhardwaj, the petition seeks the writ of certiorari to be issued to quash the decision of the Delhi Government to implement the Odd-Even Rule between November 5-14.

It also demands setting up a committee that may, apart from senior bureaucrats, also comprise of members of the Bar, to conduct a study on the viability of the said scheme and any alternate arrangement that does not violate any fundamental right and also fills the void that the said scheme fails to take into account.

The Petitioner has highlighted the exemption of women drivers from the scheme as a violation of Article 14 and have submitted that it denies equality before the law on the grounds of sex.

It is also alleged by the Petitioner that the scheme is being enforced only to gain political mileage and no legal opinion was perhaps sought even from the law department of Delhi Government before formulating the said scheme.

The Petitioner also submits that the said scheme would be detrimental to both the lawyers and the litigants. It is averred in the plea that if the scheme is implemented, the lawyers practising before the various judicial fora would face loss of livelihood as they would not be able to run from one court to the other as the public transport, in any case, is not sufficient.

Therefore, the Odd-Even Scheme is deemed as vague, impractical and blatantly unconstitutional by the Petitioner.

In the hearing for admission, the Division Bench of Justice DN Patel and Justice Hari Shankar asked the Petitioner to place a copy of the said scheme, if notified, before the court.

Due to the unavailability of the notified copy of the Odd-Even scheme, the court adjourned the matter till November 1. 

Click here to download the Petition

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