The Supreme Court took note of the 'conflict between increasing number of cars and dwindling availability of land' which had aggravated problem of parking spaces in Delhi. Addressing the same, the court gave out a series of directions to the concerned authorities of the Delhi Government yesterday. The bench of Justices Arun Mishra and Deepak Gupta said "…we feel there is a need to pass...
The Supreme Court took note of the 'conflict between increasing number of cars and dwindling availability of land' which had aggravated problem of parking spaces in Delhi. Addressing the same, the court gave out a series of directions to the concerned authorities of the Delhi Government yesterday.
The bench of Justices Arun Mishra and Deepak Gupta said "…we feel there is a need to pass a detailed order on a mundane issue like parking because this may impact town planning. Proper parking policies will also lead to less pollution, less crime and a better and more dignified life which every citizen is entitled to under Article 21 of the Constitution of India" in a petition filed by public interest attorney, M. C. Mehta.
They took note of the pilot project earmarked by Environment Pollution (Prevention and Control) Authority (EPCA) in consultation with the South Delhi Municipal Corporation, in Lajpat Nagar area to ease the problem of parking. The court sought a report on working of this pilot project by December 30, for consideration if the same could be used elsewhere.
They also appreciated the draft rules of the Delhi Maintenance and Management of Parking Places Rules 2019 and directed that the same be notified at the earliest and before September 30.
In the meanwhile, the bench suggested that there should be:
- i. 'drop and go' zones as also adequate parking facilities in all large transport hubs such as bus depots, railway stations, metro stations, airports, etc;
- ii. adequate parking facilities at peripheral towns of Meerut and Alwar, which are connected with Delhi via Regional Rapid Transit Systems;
- iii. adequate parking facilities at all institutional areas viz. universities, hospitals, government buildings, courts, etc., not only for officers and employees but also for students, patients, visitors, litigants, etc., as the case may be; and
- iv. adequate provision for parking of transport vehicles like trucks, tempos, etc. in subji mandis, fruit mandis, and other markets where bulk items are transported.
- v. a separate lane for unhindered movement of vehicles like ambulances, fire tenders, police vehicles etc. This lane should be clearly earmarked on both sides by yellow fluorescent paint or strips and should not be permitted to be used for parking.
Apart from the aforesaid, the bench stressed upon the significance of modern technology in ensuring maximum utilization of parking spaces and discussed the importance of Radio Frequency Identification (RFID) tags for all vehicles coupled with the parking guidance and information system in transport hubs, institutions and commercial areas. In this regard, directions were issued to the Delhi govt., the municipal authorities and EPCA to consider the viability of these technologies and submit a report by September 30.
In addition to the aforementioned guidelines, the bench directed the Delhi Cantonment Board and municipal authorities to ensure that:
- i. while granting permission to build any structures, there is proper assessment of the parking needs for the next 25 years and requisite parking facilities are available;
- ii. all the pavements, in the residential areas are cleared from all encroachments and ensure that the pavements are made usable by pedestrians;
- iii. 15 days notice is given to encroachers to remove the encroachment from pavements; and
- iv. encroachment on pavements is removed by the municipal authority at the cost of the encroacher, if he fails to do so himself. The cost incurred in this process shall be recovered from the encroacher as arrears of land revenue and the authorities may also consider framing rules to discontinue municipal services to repeat encroachers.
The court however clarified that it was "not oblivious to the hard reality that in certain colonies and areas parking of some vehicles will have to be permitted on the roads because the number of vehicles is much more than those which can be parked inside the houses".
The matter has been listed for further hearing on January 13 next year. Compliance on viability of technological inputs and notification of draft rules, as aforementioned, will be assessed on October 4.
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