In Delhi it is not uncommon to find iron gates installed across road by Resident Welfare Associations , kept permanently locked to prevent vehicular movement. The adverse effect of such blockage is felt by daily commuters who have to cover longer and indirect route to their destination.
Stalling Crime is the main reason given behind installing such gates.A major concern for the residential colonies is crime prevention and sole dependency on inadequate police vigilance is not an option. Although security threat and the concern of Residential Localities cannot be disregarded , yet this cannot justify round the clock locked gates across roads essential for vehicular commotion.
What The Law Says
Are such installations of iron gates legal?
Yes, if the required permission is taken from the appropriate authorities as per law i.e Delhi Municipality Act (DMC) and the Policy implemented by DMC in the year 2007 regarding installation of such gates. The concerned authorities which give the necessary no objection certificate and permissions for such installations are the Traffic Police Delhi and the Deputy Commissioner of Municipal Corporation. As per section 320 of DMC Act and DMC policy on installation of gates dated 25 June 2007, after acquiring NOC from Traffic Police Delhi, permission of Commissioner of MCD is required for erecting or setting up structure whether fixed or movable or whether of a permanent or temporary nature in or upon any street so as to form an obstruction to or to occupy any portion of such street.
Does that mean such permanent blockage of Roads are legal?
The answer is NO. Although the DMC’s Policy regarding installation of iron gates allows for permission to built such gates if bonafide security concerns exist but not without the condition that such gates can be closed only between 11pm and 5am and manned with guards and providing entry and exit to the residents of society even while the doors remain locked during such night hours. But often the laws are flouted and such gates kept permanently closed. Besides the utter disregard of law one of the justification given for such blockage is the shortage in funds to keep guards. While this excuse cannot justify the random ease with which such gates are installed often without permission and kept permanently locked.
What is the recourse against such illegal installations.
The most important guideline that even authorised gates need to abide by is that it should remain closed only between 11pm and 5am and manned with guard allowing passage to residents. For disputes regarding opening closing and Manning of RWA gates, the MCD Guidelines designate ACP Subdivision as the final authority but prior to which, it is important to ascertain whether the gates were installed in accordance to the Policy Guidelines under DMC. Petition to High Court is also an option that law provides if the grievance and dispute remains unsolved due to lack of appropriate attention and adjudication by the concerned authorities.
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Vidhik-Vishleshan (Decoding The Law & More) 