"If You Don't Like It, Don't Use It": Delhi High Court Dismisses Plea Against 100% Seating In Metro/ Public Buses Amid Covid

The Delhi High Court on Tuesday dismissed a plea challenging the decision of Delhi Government to permit 100% seating capacity in Metro as well as DTC and cluster buses plying in the national capital amid Covid-19 pandemic. The petition contended that only 50% seating capacity should be allowed.

Justice Vipin Sanghi and Justice Jasmeet Singh observed that the Court cannot dictate on a policy decision taken by the Delhi Government.

"It is for the competent authorities in-charge of responsibility of administration to take an informed call on matters with regards to regulation of public transport and the opening and running of markets, restaurants, cinemas etc," the Bench said while dismissing the plea.

The Delhi Government has permitted 100% seating capacity in Metro and buses. It has however prohibited standing of passengers. The Petitioner Advocate SB Tripathi, appearing in person stated that dangers of a third COVID wave still persists and the impugned decision overlooks the same.

Finding no merit in the plea, Justice Vipin Sanghi orally remarked:

"It's a policy decision, why should we interfere? The authorities are looking at it. Don't use it. It's not necessary for you to use it."

"Today you say 50%. Somebody will come and say 20%. Do the authorities run like that?"

Reliance was also placed on the decision wherein restaurants, cinema halls, multiplexes, etc. were allowed to run on 50% seating capacity. "Delhi Govt. has no basis to make different rules for transport services in Delhi and different rules Bars, Cinema halls, Restaurants, etc.," the plea stated.

On this, the bench said:

"Is the environment and utility of restaurants similar to metro? We're not here to dictate policy. They have a rationale."

"Now cinema and schools are reopening. When you're traveling, the idea is to have your masks on. This is not the case in restaurants etc. If you don't want, don't travel in metro."

With this view, the bench dismissed the plea while adding that if every user or citizen were to be permitted to raise issues and challenge decisions of government, there would be no end to such petitions. 

"The petitioner is suggesting that the Delhi metro, DTC and cluster buses should ply with 50% seating capacity. Tomorrow there will be another person who thinks it should run at 20% capacity. This cannot be permitted. We therefore dismiss this petition," the bench said.

Case Title: S B Tripathi v. GNCTD