Tuesday, January 26, 2016

Re: [IAC#RG] GoI's 'Safar' data exposes AAP's #ODD-EVEN flop show

Legal wrangles, as we all know, can never SOLVE a problem. It can only postpone a decision, sometimes indefinitely. The solution lies in everyone tuning their engines consenciously, CNG buses and LPG autos. Educate your Sardarji mechanics on environment and vehicle exhaust pollution. They will understand better, faster than us.


Sarbajit Roy <sroy.mb@gmail.com> wrote:

>Sir
>
>To better assist you, I reproduce the section (115 MVA)
>
>"115. Power to restrict the use of vehicles.—The State Government or
>any authority authorised 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:
>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."
>
>The ODD-EVEN notification restricts/prohibits "plying"of vehicles
>based on their last digit
>
>The dictionary definitions of "plying" in context of vehicles is
>
>Oxford
>http://www.oxforddictionaries.com/definition/learner/ply
>"(literary or Indian English) (of ships, buses, etc.) to travel
>regularly along a particular route or between two particular places +
>adv./prep. Ferries ply across a narrow strait to the island. The train
>plies twice a day between Paris and Madrid. Buses ply regularly to and
>from these places."
>
>Cambridge
>http://dictionary.cambridge.org/dictionary/english/ply
>"ply verb (TRAVEL)
>› [I + adv/prep, T] old-fashioned When a ​boat, ​train, ​bus, etc.
>plies a ​particular ​route, it makes that ​journey ​regularly:
>High-speed ​trains ​regularly ply between Paris and Lyons. This
>​airline has been plying the ​transatlantic ​route for many ​years."
>
>Miram Webster
>"to go or travel regularly,
>a : to make a practice of rowing or sailing over or on <the boat
>plies the river>
>b : to go or travel regularly over, on, or through <jets plying the skies>"
>
>This notification, does not, to my own mind, restrict occasional
>driving of private personal vehicles.
>
>This notification was MALAFIDELY issued at last moment (28th evening)
>so that this aspect was not clarified.
>
>The views of all our list advocates is solicited to clarify this point
>and provide the law citations
>
>Sarbajit
>
>
>On 1/10/16, Shanti Bhushan <shantibhush@gmail.com> wrote:
>> In the context plying clearly would mean driving whether by the owner
>> himself or by an engaged driver.
>>
>> Sent from my iPad
>>
>>> On 10-Jan-2016, at 11:07 am, Sarbajit Roy <sroy.mb@gmail.com> wrote:
>>>
>>> Dear Sureshan
>>>
>>> As a SC advocate, could you clarify my tiny legal doubt on ODD-EVEN
>>> scheme.
>>>
>>> The ODD-EVEN notification only prohibits/restricts the "plying" of
>>> vehicles,whereas the concerned section 115 of .Motor Vehicle Act
>>> empowers prohibition of "driving" of vehicles.
>>>
>>> Surely the lawyers like you are not restricted by this notification
>>> from "driving" your vehicles on all days to attend court.
>>>
>>> Perhaps some seniors like Shanti Bhushanji can examine it since the
>>> dictionary definition of "plying" means to do so "regularly ...
>>> usually for commercial purposes".
>>>
>>> It seems to me that Kejriwal has played yet another FRAUD on people of
>>> Delhi
>>>
>>> Sarbajit
>>>
>>>> On 1/9/16, SURESHAN P <sureshandelhi@gmail.com> wrote:
>>>> Dear All ,
>>>> If any body has tried to board Metro train during peak hours then they
>>>> will
>>>> realize the exact problem. Delhi public are suffering and cursing
>>>> Kejriwal
>>>> and his company. Public will not violate rule as they don't want to pay
>>>> hefty fine. This is nothing new in Delhi as general Public avoid
>>>> spiting
>>>> in Metro stations on account of strict monitoring. People is not going
>>>> to
>>>> violate any law if strict punishment is provided. If Kejriwal Ban all
>>>> male
>>>> from getting out of their home by insisting hefty fine against
>>>> violations
>>>> with strict monitoring none will come out.If medias and court has shown
>>>> blind eye on such bans whole world will think that every thing is fine.
>>>>
>>>> In fact an undeclared emergency is going on in Delhi by curtailing the
>>>> fundamental rights of large number of citizens. Kejriwal is a New Born
>>>> Hitler ( don't be surprised He will become a Hitler and rule this
>>>> country
>>>> in future, any doubt then refer life history of Hitler ) see How
>>>> Kejriwal
>>>> shut the mouth of all institutions by lies and false hood , and how he
>>>> destroyed all individual rights by highlighting common good.
>>>> Suffering individuals in Delhi is outnumbered in this case because
>>>> majority
>>>> of people are already using public conve

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