Sunday, January 10, 2016

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


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

"(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."

"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


On 1/10/16, Shanti Bhushan <> 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 <> 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 <> 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 conveyance system. No body listening
>>> the miseries of suffering people. Many people who depend their own
>>> vehicles for daily profession are deprived completely.
>>> As said, above, medias are bribed by using public money in the form of
>>> large scale advt. Court has already taken a partisan stand by relying
>>> the
>>> words of present C.J. Remember Only judge Like H.R Khanna stood against
>>> emergency when majority Judges are in praise of such rule.
>>> Kejriwal is a Megalomaniac, he will curtail every individual rights and
>>> destroy every institution which objects his functioning.
>>> regards
>>> P. Sureshan,
>>> Advocate-on-record, Supreme Court Of India,
>>> NLC( India ) Law Office
>>> No. 90, Second Floor , Bank Enclave , Laxmi Nagar, Delhi-92..... Ph:
>>> 9818083219,7838598740,8802797432,01132081075 ( call time -strictly 4 P.M
>>> to
>>> 8 P.M on all working days) Extremely sorry if not attended call outside
>>> this time limit
>>>> On Sat, Jan 9, 2016 at 2:19 PM, Sarbajit Roy <> wrote:
>>>> Dear Shanti Bhushan ji
>>>> 1) They will not allow the "people" to access your statements.
>>>> Already AAP-Govt is regularly giving full page advts to all newspapers
>>>> like HT, ToI etc,to compromise their editorial independence. Their
>>>> organisations "dominate" Facebook and half the media/TV channels are
>>>> directly in the control of their godfathers. They use professional
>>>> SocialMedia people to run their campaign - unlike your amateurs.
>>>> 2) They have taken long term steps to protect themselves in judiciary
>>>> at all levels (starting from MLA selections all the way to co-opting
>>>> senior advocates/SGs like Harish Salve, Indira Jaisingh, Gopal
>>>> Subramaniam etc to represent them at their enhanced legal fees.
>>>> 3) AAP has understood the science of using public money, like it is
>>>> going out of fashion, to achieve its ends.What can your poor
>>>> jhola-wallah brigades do against this ?
>>>> Sarbajit
>>>>> On 1/9/16, Shanti Bhushan <> wrote:
>>>>> It is not a matter for a law suit.But people have to be told about
>>>>> these
>>>> ill
>>>>> conceived actions of the govt.
>>>>> Sent from my iPad
>>>>>> On 09-Jan-2016, at 1:04 am, Kumar Arun <> wrote:
>>>>>> Shriman Shanti Bhushan ji,
>>>>>> You are an accomplished attorney. At the least you can bring lawsuit
>>>>>> against Kejriwal and his puppets, can't you?
>>>>>> Dr. Kumar Arun
>>>>>> India Heritage Foundation
>>>>>> facebook: Bharatiya Patriots
>>>>>> From:
>>>>>> Date: Thu, 7 Jan 2016 16:25:02 +0530
>>>>>> CC:;;
>>>>>> To:
>>>>>> Subject: Re: [IAC#RG] GoI's 'Safar' data exposes AAP's #ODD-EVEN flop
>>>>>> show
>>>>>> They have allowed garbage to accumulate as never before and
>>>>>> encouraged
>>>>>> more and more jhuggis to come up assuring them that once they
>>>>>> costruct
>>>>>> even on public land they will not allow their demo,it ion.Worst form
>>>>>> of
>>>>>> vote bank politics.Even in odd even ,as the latest TV advertisement
>>>>>> of
>>>>>> Arvind Kejriwal shows they have encouraged people to switch from cars
>>>>>> to
>>>>>> motorcycles.Maybe these bikes could be more polluting than the cars.
>>>>>> Sent from my iPad
>>>>>> On 07-Jan-2016, at 1:17 pm, Sarbajit Roy <> wrote:
>>>>>> Here is the official data from Ministry of Earth Sciences QAM project
>>>>>> "Safar" in the form of a graphic image showing ODD-EVEN is a complete
>>>>>> flopshow.
>>>>>> Immediately on ODD-EVEN the pollution went up.from Jan-01 and kept
>>>>>> climbing and was double that of the previous year in the same period.
>>>>>> ODD-EVEN had a negligible impact.
>>>>>> The question is WHAT has AAP Govt. of Delhi done in the last 1 year
>>>> which
>>>>>> has generated such a huge increase in air pollution in space of 1
>>>>>> year
>>>>>> ?
>>>>>> Sarbajit
>>>>>> <7-1-2016-PM2.5-DELHI2014-2015 comparison-12AM.jpg>
>>>>>> ​
>>>>>> Post: ""
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