Encroachment on public road by buses of State Public Transport company

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  • #3794

    Anonymous
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    Encroachment has been done on the public road by the Delhi Transport Corporation in South Delhi area in front of the DTC depot which causes a lot of problem and a huge traffic jam. They park their buses on the main road. What action can be taken against them?

  • #3804

    Section 122 of the Motor Vehicles Act, 1988, lays down as under:

    122. Leaving vehicle in dangerous position.—No person in charge of a motor vehicle shall cause or allow the vehicle or any trailer to be abandoned or to remain at rest on any public place in such a position or in such a condition or in such circumstances as to cause or likely to cause danger, obstruction or undue inconvenience to other users of the public place or to the passengers.”

    Violation of this provision is punishable under the said Act.

    Further, Section 127 of the said Act empowers police to remove such vehicles which have been abandoned or left unattended on a public place where parking is prohibited or which are causing traffic hazard:

    127. Removal of motor vehicles abandoned or left unattended on a public place.—(1) Where any motor vehicle is abandoned or left unattended in a public place for ten hours or more or is parked in a place where parking is legally prohibited, its removal by a towing service or its immobilisations by any means including wheel clamping may be authorised by a police officer in uniform having jurisdiction.

    (2) Where an abandoned, unattended, wrecked, burnt or partially dismantled vehicle is creating a traffic hazard because of its position in relation to the public place, or its physical appearance is causing the impediment to the traffic, its immediate removal from the public place by a towing service may be authorised by a police officer having jurisdiction.

    (3) Where a vehicle is authorised to be removed under sub-section (1) or sub-section (2) by a police officer, the owner of the vehicle shall be responsible for all towing costs, besides any other penalty.”

    In addition, various notifications, rules have been issued under Chapter 8 of the said Act which deals with “Control of Traffic”.

    So, action can be taken by police under these and various other relevant provisions of law against vehicles that cause obstruction to traffic or that otherwise violate the laws, rules, notifications, etc. So, you may contact the concerned police officer of the traffic police in Delhi.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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