'Urban Planning Failure': Delhi High Court On Parking Issue In Residential Colonies, Calls For Policy Based Response From Municipal Authorities
Calling it an “urban planning failure”, the Delhi High Court has said that the issue of parking space in residential colonies in the national capital requires a policy based response from the municipal authorities.
“The absence of dedicated parking spaces in residential colonies is a civic issue that requires a policy- based response from municipal authorities rather than judicial intervention in individual disputes,” Justice Sanjeev Narula said.
The court said that the problem of parking of vehicles in narrow residential lanes reflects a common predicament faced by many urban residents in Delhi, particularly in densely populated localities with limited infrastructure to accommodate the growing number of private vehicles.
“This issue is symptomatic of a larger urban planning failure, where colonies were developed without sufficient foresight regarding parking facilities, leaving residents with no alternative but to park in the streets,” the court said.
Justice Narula was dealing with a plea moved by a woman alleging that the narrow public street in front of her house and shop in city's Badarpur area was being utilised for parking vehicles by the residents of the locality.
She sought directions on the authorities to take strict action against the alleged illegal parking and also to remove the unauthorized vehicles.
It was her case that the parking of vehicles in front of her residential house and the shop was unlawful as the same constituted a traffic problem which must be resolved by the police.
Even though the woman claimed that the unauthorized parking obstructed her ingress and egress to her property, the court noted that the vehicles were parked in a public street, which, by its very nature, is a public thoroughfare accessible to all members of the community.
“While this may cause inconvenience, it is important to acknowledge that the issue arises from a broader urban challenge rather than a specific illegal act necessitating immediate police intervention,” the court said.
It added that the Court must exercise restraint before intervening in such a complex issue and that it cannot address such broader urban infrastructure deficiencies, nor can it single out certain individuals when the problem is “endemic to the city at large.”
Justice Narula further observed that parking in public streets is a reality in most residential areas across Delhi due to the lack of alternative options and thus, any resolution must necessarily involve a comprehensive planning by the relevant urban authorities, such as the municipal corporation, RWA(s) and police department.
“As regards the Petitioner's allegations against the neighbours for creating a nuisance, it is also important to note that such a claim constitutes a private tort of nuisance, which would need to be adjudicated by a competent civil court if the Petitioner seeks relief on that ground. This Court, under Article 226 of the Constitution, does not have the jurisdiction to determine private tort claims,” the court said.
Title: SURMILA v. THE COMMISSIONER OF POLICE & ORS.
Citation: 2024 LiveLaw (Del) 1038