Re: [rti_india] Fwd: Restrictions for CWG-2010.

Thursday, September 23, 2010

Re: [rti_india] Fwd: Restrictions for CWG-2010.

AMAZING

--- On Thu, 9/23/10, sarbajit roy <mail.sarbajitroy@gmail.com> wrote:

From: sarbajit roy <mail.sarbajitroy@gmail.com>
Subject: [rti_india] Fwd: Restrictions for CWG-2010. [1 Attachment]
To: "india-gii" <india-gii@lists.cpsr.org>, "rti_india" <rti_india@yahoogroups.com>
Date: Thursday, September 23, 2010, 1:11 AM

---------- Forwarded message ----------
From: sarbajit roy <mail.sarbajitroy@gmail.com>
Date: Thu, Sep 23, 2010 at 1:07 AM
Subject: Re: Life or Liberty RTI Request for Information on Restrictions for CWG-2010.
To: "G.S. Patnaik" <seclg@nic.in>, adseclg <adseclg@nic.in>, piolg.delhi@nic.in, "ys.dadwal" <ys.dadwal@nic.in>, splcpt-dtp@nic.in, jtcpt-dtp <jtcpt-dtp@nic.in>, commtpt@nic.in, addlcpt-dtp@nic.in, splcommtpt@nic.in, jdcommtpt@nic.in

To:
The Lt Governor of Delhi, by
1) Secretary to LG
2) Additional Secretary to LG
3) Public Information Officer for LG-Sectt,
4) Various senior officer of Transport Department/GoNCTD

BY EMAIL / URGENT

cc: for information to:
1) Commissioner of Police, New Delhi
2) Spl. Commissioner of Police/Traffic, New Delhi
3) Jt Commissioner of Police/Traffic, New Delhi

22-Sep-2010

Dear Sirs,

Sub: Legal defects in gazette notification for CGW-2010 dedicated lanes issued in name of Lieut Governor of Delhi.

I regret to inform you and appeal to you that I have not received any reply / response to my RTI request and/or representations to you on the subject of 'challaning' of motor vehicles for lane violation during Common Wealth Games 2010.

In the meantime, I have obtained a copy of the "proposed" gazette notification which the Transport Commissioner of GoNCTD plans to issue in the name of the Lieut Governor.
A copy of the proposed notification, scanned from GoNCTD records, is attached herewith.

I wish to inform you that from the text of proposed notification it is apparent that the GoNCTD does not posses an authentic copy of Motor Vehicles Act, especially
section 115 thereof. It is pertinent that the notification is to be issued (as per section 2(41) of the MV Act by the Administrator of Delhi appointed u/a 239 of the Constitution of India)

Whereas section 115 of MV act allows restrictions on road for "public safety" or "public convenience" (and I emphasise PUBLIC), the proposed notification intends to reserve the roads for "uninterrupted movement of motor vehicles carrying Games related traffic" and "the safety and convenience of Games related traffic". It is also debatable if public servants, foreign athletes and officials can be classified as "public" especially when so many bonafide public spirited citizens of India / Delhi like me are being greatly inconvenienced by being stuck in long jams in "public lanes" while the 'laal bus /batti -wallahs' move about freely

I request you to kindly either rectify the notification to correspond to the language of the law passed by Parliament, or in the alternative provide the undersigned (a bonafide member of the public) a pass to use the reserved lane unreservedly.

In the meantime, I am also awaiting your long overdue replies to my RTI request and representations.

Yours faithfully

Sarbajit Roy

On Mon, Sep 20, 2010 at 10:03 AM, sarbajit roy <mail.sarbajitroy@gmail.com> wrote:
> To:
> The Lt Governor of Delhi, by
> 1) Public Information Officer/LG-Sectt
>
> 20-Sep-2010, Time 10:13 AM IST
>
> Sir,
>
> Sub: Life or liberty Information Request under RTI Act and for
> proactive section 4 RTI Act information disclosure
>
> I beg to inform you that despite the fact that the Delhi Police
> proposes to challan road users using lanes demarcated for CWG-2010
> traffic, the notification for the same u/s 115 Motor Vehicle Act is
> not placed in public domain, as it has been done for the Commercial
> /Goods Vehicles.
>
> 1) As the restriction under section 115 of the Motor Vehicles Act can
> only be done for the public safety or public convenience, I request
> you to kindly inform me in great detail exactly how the public safety
> or convenience is ensured by such road restrictions, which are
> actually being done as a contract clause entered into by the
> Organising Committee for the CWG 2010 with some foreign parties.
>
> 2) As I am given to understand that the heavy CWG vehicles shall be
> driven at very high speeds and without safety governors on these lanes
> separated by only a 50 mm wide yellow painted line from the public's
> vehicles and being subjected to constant threat from
> terrorists and militants, I request you to kindly inform me if any
> safety structures like heavy duty road concrete barriers are erected
> to protect the safety of the public in the adjacent lanes, or in the
> larger public interest.
>
> 3) I also request you to kindly inform me immediately about the actual
> notification for the restriction u/s 115 MV Act which citizens are
> expected to abide by issued in the name of Lieut Governor of Delhi,
> which is also required to be done under section 4 of the RTI
> Act 2005, as the GoNCTD is a single public authority headed by the
> Administrator of Delhi appointed u/a 239.
>
> Kindly note that the information is required by me within 48 hours
> under Life or liberty clause, and that there are no fees prescribed by
> the Competent Authority as yet to be provided the information.
>
> Yours faithfully
>
> Sarbajit Roy