IN THE HON’BLE
HIGH COURT OF JUDICATURE AT BOMBAY
(ORDINARY
ORGINAL CIVL JURISDICTION)
WRIT PETITION
(L) NO. 1185 2013
WRIT PETITION
NO. ______ 2013
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Mumbai Taximen
Sangathan
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...Petitioner
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Versus
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Union of India&
Others
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...Respondents
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INDEX
Sr.
No.
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Exhibit
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Particulars
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Page
No.
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1.
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Performa
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A-D
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2.
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Synopsis
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E-H
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3.
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Petition
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1-12
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4.
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Memo of Appearance
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13
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5.
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Memorandum of Address
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14
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6.
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List of Documents
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15
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7.
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Exhibit – A
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Copy of the trade certificate of
the petitioner issued by the registrar of trade unions.
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16
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8.
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Exhibit -B
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Copy of the resolution of the
petitioner
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17
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9.
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Exhibit
– C
Collectively
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Copies of the
letters/representations about the security of airport & the illegal
activities of the travel & hotel mafia since 2011 till date
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18-38
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10.
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Exhibit -D
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Copy of the hand bill/poster
about the relations with the group of criminals, with the respondent no. 11
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39
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11.
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Exhibit
– E
Collectively
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Copies of the media/press cutting
in which the illegal acts of the group of criminals or so called trade unions
were published.
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40-44
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12.
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Exhibit -F
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Copy of the representation of the
another trade Union i.e. Mumbai Taximen’s Union address to the respondent no
5
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45-49
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13.
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Exhibit
–G
Collectively
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Copies of the hand bills
distributed by the so called trade union leaders/criminals
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50-53
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Exhibit -H
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Copy of the hand bill distributed
by the so called trade union leaders/criminals in which they claimed that the
Hon’ble Home Minister is the Chief Guest, which is published on behest
of Mr. Vijay Kamble the leader of the
respondent no 12 to put the pressure on the administration & Taximen.
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54
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Exhibit -I
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Copy of the complaint dated
06/02/2013 send by the representative of
Mr. Vijay Kamble leader of the respondent no 12 against the group of
criminals to the respondents
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55-56
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Exhibit -J
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Copy of the last representation
of the petitioner send to the Assistant Commissioner of Police, Airport
Division on 03-05-2013 with all previous complaints & other documentary
evidence against the group of criminals and support by the respondent no 11
since 2011.
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57-59
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Certificate
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60
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Affidavit in Support
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61
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The copy of the Pan Card of the
petitioner
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62
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The Original Resolution copy
passed by the Petitioner
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63
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Total
Pages
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63
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IN
THE HIGH COURT OF JUDICATURE AT MUMBAI
ORDINARY
ORIGINAL CIVIL JURISDITION
WRIT
PETITION (L) NO. 1185 OF 2013
WRIT PETITION NO. _____OF 2013
In
the matter of Article 226 of the constitution of the India
AND
In
the matter of Motor vehicle Act
AND
In the
matter of the question of law whether the meter taxi permit is saleable or
actionable?
AND
In
the matter question of law whether the Tourist taxi permit vehicles are
permissible to ply as meter taxi in the MMRTA Limit?
AND
In
the matter of illegal encroachment in and around Mumbai Airports by the
supporters/leaders of political parties
AND
In
the matter of heavy traffic jam by the unauthorized/illegal vehicle parking in
the no parking area in and around Mumbai Airports
AND
In
the matter of creating communal tension on behest of the seating Minister of
the present Maharashtra Government Mr. Naseem Khan & Mr. Vijay Kamble
leader of the ruling party (NCP) for their personal gains and motive
AND
In
the matter of non action by the authorities after repeated written complaints
since 2010-2011 ill date and intimation to the Senior Police Officers
AND
In
the matter of illegal Taxi Stand operated by the mafia or group of criminals
outside the hotels
AND
In
the matter of new slums & Political party offices or encroachment in around
airports
AND
In
the matter of discrimination among the parking issue between the various taxi
parking’s at the Mumbai Airport on the name of Airport Security
AND
In
the matter of unauthorized taxi stand in and around Mumbai Airport
AND
In
the matter of non operation/ implement of automated system on the prepaid taxi
service booth by the respondent no 7 on the directions of respondent no 11, who
support the group of criminals
AND
In
the matter of unauthorized/illegal vehicle parking in the no parking area in
and around Mumbai Airport
AND
In
the matter of hotel and travel mafia run by the group of criminals in and
around airport with the support of the Senior Police Inspector, Airport Police
Station, Sahar Police Station, Vile Parle Police Station & the Vakola
Traffic Police
AND
In
the matter of unauthorized and illegal taxi stands outside the hotels in and
around Airports
AND
In
the matter of unauthorized and illegal taxi operations and taxi stands at the one way small roads & on the
western express highway in and around Mumbai Airport
AND
In
the matter of willfully and deliberately non action of the Senior Police Inspector, Airport
Police Station, Sahar Police Station, Vile Parle Police Station & the
Vakola Traffic Police on behest of the present Minister of the State Government
Mr. Naseem Khan & Mr. Vijay Kamble, the party leader (NCP) of the present
Government for their personal gain and motive
AND
In
the matter of harassment of taximen at large by the traffic and the Airport
Police willfully and deliberately, when they raised the voice against the hotel
and travel mafia
AND
In
the matter of life threats to the office bearers of the Mumbai Taximen
Sangathan
Mumbai Taximen
Sangathan )
Through
Its General Secretary )
Sanjay
Khemka, Age about 53 years )
Indian
Habitant, DOB: 03/03/1960 )
PAN
No.: )
Office
at: 514, MIDAS, Sahar Plaza, )
AK
Road, Andheri East, )
Mumbai
- 400064 )
Email:
cmd@veritru.in ) …….Petitioner
VERSUS
1.)
The
Union of India )
Through its
Commissioner of Security )
Civil Aviation, )
The Bureau of Civil
Aviation )
Security of India )
A" Wing, 1st -
IIIrd floors, )
Janpath Bhawan, Janpath, )
New Delhi-110001, India )
2.) The Union of India )
Through Director
General )
Civil Aviation, GOI )
Aurbindo Marg, Opp.
Safdarjung )
Airport, New Delhi 110 003, )
3.)
The
Airport Authority of India )
Through its Regional
Executive )
Director,
Western Region, )
Airports Authority of
India, )
Porta Cabins, New
Airport Colony, )
Opposite Hanuman Road, )
Vile Parle East )
Mumbai 400099
4.)
The Dy. Inspector General of Police )
Airport Security, )
Central Industrial Security Force, )
Chatrapati Shivaji
International Airport )
Domestic Airport, )
Santacruz East, )
Mumbai )
5.)
The
Commissioner of Police )
Mumbai )
Mumbai Police Head
Quarters )
Crawford Market )
Mumbai )
6.) The Dy. Commissioner of
Police )
Zone VIII, Bandra Kurla
Complex )
Bandra East )
Mumbai )
7.)
The
Mumbai International )
Airport
(P) Ltd )
Chatrapati
Shivaji International )
Airport ,
Domestic Airport, )
Santacruz East,
Mumbai
8.)
The
Joint Commissioner of Police, )
Traffic Police )
Traffic Police Head
Quarters )
Worli, Mumbai )
9.)
The
Transport Commissioner, )
Maharashtra State
)
4th Floor, Administrative Building, )
Bandra East, Mumbai
)
10)
The
Commissioner
)
Municipal
Mumbai Corporation )
Mumbai )
11)
Mr.
Naseem Khan
)
Minister
)
Textiles, Minorities Development
)
Government of Maharashtra )
Mantralya, Mumbai )
12)
The
National Congress Party )
Through its President )
Mr. Sharad Pawar )
10, Dr. Bishambhar Das Marg )
New Delhi – 110001 )
13)
The
Indian National Congress )
Through Mrs. Sonia Gandhi )
24, Akbar Road, )
New Delhi – 110011 )
14)
The
Hotel Sahara Star, )
Domestic Airport, )
Santacruz Airport )
Mumbai )
15)
Hotel
Bawa International, )
Vile Parle East, )
Mumbai )
16)
Hotel
IBIS, )
Vile Parle East, )
Mumbai )
17)
Hotel
Airport Inn )
Vile Parle East, )
Mumbai )
18)
The
Hotel Lalit International )
Sahar Airport Road )
Mumbai – 400059 )
19)
The
Hotel Hyatt )
Sahar
Airport Road )
Mumbai – 400059 )
20)
The
Grand Maratha Hotel )
Sahar Airport Road )
Mumbai – 400059 )
21)
The
State of Maharashtra,
)
Through Government Pleader )
PDW Building )
Bombay High Court, )
Mumbai )
……
Respondents
To,
THE
HON’BLE CHIEF JUSTICE OF
BOMBAY
HIGH COURT AND
THE
HON’BLE PUISNE JUDGES OF THE
HON’BLE
HIGH COURT OF BOMBAY
THE HON’BLE PETITION OF
THE
PETITIONER ABOVE NAMED
MAY
IT PLEASE YOUR WORSHIP:
1.) The
Petitioner by filing this present writ petition in this Hon’ble court to invoke
the inherent powers vested with the Hon’ble Court under article 226 of the
Constitution of India seeking the urgent reliefs. The Petitioner is registered taxi trade Sangathan under the
trade union act & working in the
interest of Taximen at large, public & in the country, having office at
514, MIDAS, Sahar Plaza, Andheri East, Mumbai 400059 & filing this present
petition through its General Secretary Sanjay Khemka in the interest of
Taximen, public at large & the airport security. The copies of the trade
Union Certificate & the resolution of the Sangathan to file this present
petition before this Hon’ble court are annex as EXHIBIT-A & B.
2.) That
the petitioner states that the respondent no 1 is the Commissioner of Security
Civil Aviation, Respondent no 2 is the Director General of civil aviation, the
respondent no is the Regional Executive Director, Airport Authority of India,
Respondent no 4 is the Dy. Inspector General of Police, CISF airport security
Mumbai , Respondent no 5 is the commissioner of Police Mumbai, Respondent no 6
is the Dy. Commissioner of Police Zone VIII, respondent no 7 is the Mumbai International
Airport (P) Limited and all are responsible for the security of the Mumbai
airports. The petitioner further states
that respondent no 8 is the Joint Commissioner of Police, Traffic, who is
responsible for the smooth traffic in & around airport, respondent no 9 are
the state transport department & responsible for the illegal taxi stands in
& around the airports, respondent no 10 is the commissioner of Mumbai
Municipal Corporation and responsible for the illegal encroachment in and
around airports, respondent no 11 is the state Minister & he is responsible
for the illegal encroachment, supporting the gang of Criminals who are threats
to the airports as well as running the travel mafia in & around airports,
respondent no 12 & 13 are the ruling political parties who are also
responsible for the illegal encroachment in and around airports, respondent no
14 is the Sahara Star Hotel & making multilevel parking or structure within
100 meters of the Air Traffic Control Tower, respondents no 15-20 are the hotels
who are given support to the illegal taxi stands out side the hotels,
respondent no 21 is the state of Maharashtra through the government
pleader.
3.) That
the petitioner states that our airports are one of the very sensitive
installation in the country & respondent no 1 to 7 & their officers are
responsible for the security of our airports but they are not performing their
lawful duty and knowingly neglected the reports, complaints, related to the
security threats to our airports willfully & deliberately for their
personal gains and to please the corrupt top leaders for their vote bank &
network.
4.) That
the petitioner states that respondent no 8 & 9 along with
his officers are willfully & deliberately not ready to take any
legal actions against the travel mafia, illegal taxi Stands, parked vehicles in
the non parking areas, western express highway & also in around airports for their personal gains.
5.) That
the petitioner states that the respondent no 10 & his officers are fail to
stop the illegal encroachments/constructions in & around airports. It is
pertinent to note that the respondent no 10 & his officers are supporting
the leaders/supporters of the respondent no 11, 12 & 13 willfully,
deliberately & their personal gains.
6.) That
the petitioner states that the respondent no 14 is constructing the multilevel
parking or structure just within 100 meter of the air traffic control tower
& also they open gates (entry & exist) of their hotel on the main road
& on the crossing/corner of crossing, which is very dangerous to the
airport security. The respondent no 1 to 8 are keeping mum on this illegal act,
which is the threat to our airport security.
7.) That
the petitioner states those respondents no 15-20 are responsible to run the
illegal taxi stands without taking permission from the respondent no 8 & 9.
It is pertinent to note that respondent no 11 is giving his support after
misusing the office of the state Minister powers and also keep happy or pleased
the party workers of the respondent no 12 & 13.
Brief Facts of
this present petition are as under:
a) That
the petitioner states that due to the corrupt system & for their personal
gains all the respondents & their officers are playing with the law in day
light & the respondents are keep mum knowingly & willfully of the acts
of their officers, who are responsible to implement the law & maintained
the security & safety of the airport as well as the public at large.
b) That
the petitioner states that when any one raise
their voice the illegal acts or made complaint against the officers of
the respondents then and that they are harassing the poor Taximen, complainer or
the trade union. It is pertinent to note that the officers of the respondent no
6 & 8 are not hesitate to take the help of the criminals particularly the Senior
Inspector of Police, Airport Police station Mr. Dalip Taral, the Vakola &
Gold Spot Traffic Police division. They are earning millions of rupees from
their illegal acts & to give their support to travel & hotel mafia in
and around airport. These respondents & their officers get the instructions
directly from the respondent no 11.
c) That
the petitioner states that the officers of the respondent no. 5, 6, 7 & 10
are indulge in the illegal encroachment in and around airport for their
personal gain and allow the supporters/leaders of the respondent no. 11, 12
& 13 willfully and deliberately in and around airports, which lead threat
to our airports. It is pertinent to note that respondent no. 11 along with
other Member of Legislative Assembly i.e. Kalina, Vileparle, Chandivali, and
Andheri along with the Municipal Counselors in the above mentioned assembly
constituencies are also indulge in the illegal encroachment in and around
airport with the support of above mentioned respondents. It is further
pertinent to note that the said respondents no. 11, 12, & 13 and there
leaders claim that they have to take care there vote bank. It is further
pertinent to note that officers of the respondent no. 5 i.e. Senior Police
Inspector Vile Parle Police Station, Sakinaka Police Station, Airport Police
Station, Sahar Police Station, Vakola Police Station, Kurla West Police Station
are also supporting the illegal encroachment the illegal encroachment in and
around airport for their personal gain and also to please their political god
fathers.
d) That
the petitioners states that they had regularly intimated about these criminal
activities, illegal acts about travel & hotel mafia in and around airports
& the act of the respondent no 11 time to time but no action has been taken
till date against these group of criminals. The copies of the letters address
to the respondents are annex as EXHIBIT-B
collectively.
e) That
the petitioner states that the present petitioner had intimated about the group
of criminals and their association of the respondent no. 11 were intimated to
the Government and was forced to publish the poster to aware the authorities
about this dangerous association of the respondent no. 11, public at large. The
copy of the said hand bill/poster is annexed as Exhibit- C
f) That
the petitioners states that these criminals are not allowing the respondents to
run the automated system of the prepaid taxi and every day they created
nuisance & strike or threats to the authorities on the name of the
respondent no 11. It is pertinent to note that if the automated system starts
smoothly then the criminals & the supporters of the respondents are not
able to cheat the passengers at the airports & the officers of the
respondents are not getting their share. The copies of the media cutting are
annex as EXHIBIT-D collectively. It
is further pertinent to note that all the other trade unions including the
Mumbai Taximen’s Union are also made a complaint with the officers of the
respondent no.5 but no action has been taken against the group of criminals by
the officer of the respondent no. 5 on the direction of respondent no. 11. The
copy of the letter of the Mumbai Taximen’s Union is annexed as Exhibit- E
g) That
the petitioner states that the said matter are also highlighted by the media
but no action has been taken by the respondent no. 5, 6, 7, 8 & 9 on the
behest of the respondent no. 11. The copies of the media cuttings are annexed
as Exhibit- F (Collectively)
h) That
the petitioners states that all the trade union except one who is run by the
group of criminals is opposing & disturbing the automated system at the
prepaid counters of the airports on the name or support of the respondent no
11. It is pertinent to note that theses group of criminals are demanding the
automated system at the international airport but they are not allowing running
the same on the domestic airport. The copy of the hand bill distributed by the
group of criminals is annex as EXHIBIT-G.
i)
That the petitioner
states that the groups of criminals are using the name and photograph of the
Hon’ble Home Minister of Maharashtra claiming that he is the chief guest in the
religious ceremony organized by the group of criminals or so called trade union
leaders. The copy of the hand bill distributed by the group of criminals is
annex as EXHIBIT-H. It is pertinent to note that one Mr. Vijay
Kamble, a leader of respondent no. 12 is also protecting the group of criminals
and he is dictating the officers of the respondent no. 5 including the
respondent no. 6 not to take any action against these group of criminals and
also directing the officers of the respondent no. 5 including respondent no. 6
& 7 not to implement the automatic system on the prepaid taxi booth as
directed by the respondent no. 9.
j)
That the petitioner
states that Mr. Vijay Kamble has dual character and send the complaint dated
06/02/2013 against the group of criminals earlier to the officers of the
respondent no. 5 & 6. The copy of the said complaint is annexed as Exhibit- I. it is pertinent to note
that now the said leader of the respondent no. 12 has joined hand with these
group of criminals for their personal gains and to create his network to
pressurize the respondents willfully and deliberately.
k) That
the petitioner states that on the behest of respondent no. 11, 12 & 13 their
supporters/party members/leaders are indulge in illegal encroachment and they
are making party offices and slum/rooms in and around airport which is very
dangerous and a threat to our airports.
l)
That the petitioner
states that the respondent no. 7 had construct/made the new “Air Traffic
Control Tower” and without implementing the security guidelines the respondent
no. 7 allowed the respondent no. 14 to construct the multi storey/5/6 stories
parking or rooms just within 100 meter of the said ATC Tower, which is the
violation of the safety norms and threat to the ATC Tower.
m) That
the petitioner states that the said ATC Tower is situated between the different
parking’s i.e. cool cab, black & Yellow taxi, tourist cab parking, fleet
taxi parking, Mumbai Pune taxi parking, private car parking and two wheelers
parking. It is pertinent to note that within a 200 meter surrounding the said
ATC Tower, there is only parking’s and lead threat to the security of the ATC Tower/airport.
It is pertinent to note that respondent no. 1 to 7 is keep mum on this serious
issue.
n) That the petitioner states that thousands of
vehicles are parked in the no parking area in and around the airports, which
also lead to the serious threat to the airport security and also a heavy
traffic jam all the time. It is pertinent to note that the officer’s of
respondent no. 5, 6 & 8 are failed to perform their legal duties. It is
further pertinent to note that these officer’s of the said respondents are
taking action against the common man and the poor taximen but not ready to take
any action against the group of criminals, travel and hotel mafia, tourist
taxis, fleet taxis, cool cabs belongs to the group of criminals willfully and
deliberately for their personal gains. It is further pertinent to note that
there is millions of Rupee illegally income has been generated by the officers
of the respondent no. 1 to 10 in the way of bribe including the so called
leaders and supporters/group of criminals of the respondent no 11, 12 & 13.
o) That
the petitioner states that the respondent no. 7 is supporting the group of
criminals with the direction of respondent no. 11 to remove the black &
yellow taxi parking on the name of the security of the ATC Tower and the
airport. It is pertinent to note that the petitioner had already explained in
Para l, m & n mentioned above about the various parking in and around the
ATC Tower and the airports. It is pertinent to note that there is no fix policy
of the respondent no. 7 about the parking for the meter taxis, tourist taxis,
Mumbai Pune taxi, auto rickshaw, bikes and other private parking in and around
airports. It is pertinent to note that around thousand two wheelers are parked
unattended in the no parking zone in and around airport but officer of the respondent
no.5, 6, 7, 8 & 9 are failed to take any action against the such vehicles
for their personal gain.
p) That
the petitioner states that the officers of the
respondents no 5, 6, 7, 8 & 9 are fail to take actions against the
illegal taxi stands just entry/exist points of the airports i.e., on the western express highway for
their personal gain. These stands are run by the travel mafia & very risky
to the VVIP movement, traffic jams & security threats to the airports.
q) That
the petitioners state that the respondents no 15 to 20 are running the illegal taxi
stands outside their hotels for their guest in and around airports. It is
pertinent to note that these stands are running by the travel mafia and not
ready to ply taxi on meter but they have their own rate card. It is pertinent
to note that few criminals are running or supplying the drugs to the guest of
hotels and also indulge or running in prostitution racket.
r) That
the petitioner states that the petitioner had also send another written letter
to the ACP, Airport division on dated 03-05-2013 for immediate necessary step
against the responsible but instead of action the petitioner and his office
bear are receiving life treats from these group of criminal as well as from the
Goondas/supporters of political parties particularly from the respondent o 11, 12
& 13. The copy of the said representation dated 03/05/2013 of the
petitioner is annexed as Exhibit J
s) That
the petitioner states that in the event of the death, injury, or attack on the
petitioner, his office bears & their families then all the respondents are
equally responsible for the same. It is pertinent to note that respondent no 11 has link with the top
builders of the city, who got the redevelopment project in & around the
airport are also threaten the petitioner for filing representation about the
security of the airport.
14.)
That the petitioner states that he has not filed any writ/application in the
Hon’ble High Court/ Hon’ble Supreme
Court of India or any other court in the above mentioned matter.
15.)
That the petitioner states that he is filling this present petition before this
Hon’ble Court with the liberty to amend/delete or alter this petition with the
permission of this Hon’ble Court.
Under these facts and
circumstances, the writ therefore, most humbly prays:
a) That
this Hon’ble Court may direct the respondent no 1, 2 & 3 to furnish the
guide lines/security audit report about the security of the newly built Air
Traffic Control Tower of both the airport before this Hon’ble Court.
b) This
Hon’ble Court may direct the respondent no. 4, 5, 6, 7, 8 & 9 to take
immediate necessary action against the travel and hotel mafia in and around the
Mumbai airports.
c) This
Hon’ble Court may direct the respondent no. 7 & 10 to remove the unauthorized
structures in and around the Mumbai airports in the interest of Mumbai Airport
Security
d) This
Hon’ble Court may direct the state Government to conduct the enquiry against
the illegal act of respondent no. 11 and leaders/supporters of respondent no.
11, 12 & 13 and submit their report before this Hon’ble Court.
e) This
Hon’ble Court may direct the respondent no. 7 & 8 to submit the uniform
policy/plan about the parking, taxi stands and other traffic plan in and around
the Mumbai Airports before this Hon’ble Court.
f) This
Hon’ble Court may direct the respondent no. 9 along with respondent no. 15 to
20 to remove the illegal taxi stands outsides the hotels and in and around
Mumbai Airports.
g) This
Hon’ble Court may direct the respondent no. 14 to immediately stop the
construction near the new Air Traffic Control Tower in the interest of Airport
Security.
h) This
Hon’ble Court may please to direct the respondent no. 5, 6 & 9 to take
immediate necessary action against their officers, who failed to maintain Law
& Order as well as traffic in and around airports.
i)
This Hon’ble Court may please to direct the
respondent no. 5, 6 & 7 to take immediate action against the habitual
travel and hotel mafia/agents, which operates in and around Mumbai Airports to
cheat the passengers at large.
j)
This Hon’ble Court may
direct the respondent no. 7 to immediate implement the automated system at the
prepaid counters of Mumbai Airports as per the resolution passed by the MMRTA.
k) Ad-interim
prayer clause (g) may be granted
l)
Any other further order
and/or direction as this Hon’ble Court may deem fit and proper.
Sanjay
Khemka
Petitioner
In-Person
Dated
this__ Day of________ , 2013
Place:
Mumbai
Verification
I, Sanjay
Sitaram Khemka, 514, MIDAS, Sahar Plaza, AK Road, Andheri east, Mumbai
400059, Do hereby state and declare that on solemn affirmation that whatever
has been stated in the paragraphs 1 to 15 of the present petition are true and
correct to best of my knowledge and belief and I believe the same to be true.
Solemnly
Affirmed at Mumbai
This___Day
of _____, 2013
Sanjay
Khemka
Deponent
|
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