Full Judgment Text
1
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. 13029 OF 1985
M.C. Mehta …Petitioner(s)
Versus
Union of India & Ors. …Respondent(s)
O R D E R
Deepak Gupta, J.
Modern conveniences bring with them their own problems. One
of the most important conveniences of the industrial age is motor
transport. This has brought with it many problems but we may
highlight only two: (1) pollution and (2) parking space. It is the
problem of parking which we seek to address in this order.
2. A vehicle, whether be it a motor car, bus, threewheeler, scooter
or a small scooty, transports one or more individuals from one place to
the other. Once passengers /occupants of the vehicles have been
taken to their destination, the vehicle in question has to be parked.
Signature Not Verified
Digitally signed by
JAYANT KUMAR ARORA
Date: 2019.09.06
16:57:08 IST
Reason:
This requires a lot of space, a lot of planning, a lot of infrastructure
and a lot of money. The tendency of individuals is to save as much
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money as possible and not pay anything for parking.
3. Till the late 1970s motor cars were the prerogative of the rich.
Most people who could afford motor cars lived in houses with drive
ways and garages. But as the economy of the country has improved
and the earning capacity of people has risen there are more and more
vehicles on the road. At the same time due to paucity of space and the
astronomical rise in land prices the size of dwelling houses has
become smaller and smaller. The biggest casualty in this conflict
between increasing number of cars and dwindling availability of land
is “parking space” for vehicles. Even in those houses which had
garages, these were converted to rooms utilised for other purposes.
Then cars started getting parked in driveways but as the number of
members of the households expanded, from driveways the cars have
now spilled over to the roads outside the house. This is not the only
problem. The municipal authorities, for reasons best known to them,
without carrying out any study with regard to the carrying capacity of
the colonies/areas/towns/cities/metropolises are permitting
additional constructions including additional floors in these colonies.
Setbacks are being decreased or abolished. The constructed area is
rising vertically and horizontally. Resultantly where, about 50 years
ago, there was a single storey house with one family and one car, there
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is now a four storey structure, if not higher with may be 8 flats and
16 cars if not more. This has created many problems and one of the
most serious problems is that of parking.
4. The Golden Rule is “Love thy neighbour”. Today the social fabric
of neighbourhoods is being torn asunder because of fights over this
most petty issue of parking of vehicles. Therefore, 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.
5. Before dealing with the issue of parking, we have to note that
there is an abject failure on the part of the government and the
authorities to provide adequate public transport to the citizens of the
country. Individual vehicles are owned by about 2% of the population.
However, this 2% of the population wants to monopolise all the
resources and infrastructure with regard to transportation. It is only
in the last two decades that cities have moved towards introducing
schemes for mass transportation but we still have a long way to go.
6. In this order we shall mainly deal with the issue of parking in
residential areas but while dealing with the issue in a holistic manner
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we shall have to deal with the issue of parking in general. This is
necessary because if adequate parking is not provided in transport
hubs, institutional areas, commercial areas, etc., the spillover will go
to the residential areas.
Transport Hubs
7. Wherever there are large transport hubs such as bus depots,
railway stations, metro stations, airports, etc. where a large number of
people come, there should be adequate facilities for parking. In most
of the areas people just want to be dropped off. Therefore, emphasis
should be more on “drop and go” arrangements. This aspect should be
encouraged by having a very low or no fees for dropoffs and heavy
fees for parking vehicles. Parking facilities will have to be provided at
transport hubs, especially when we talk of mass rapid transport
systems where people will come from peripheral towns to a metropolis
like Delhi. Today we have plans on the anvil to introduce Regional
Rapid Transit Systems (RRTS) connecting the metropolises in the
country with the peripheral towns. Two such RRTS are DelhiMeerut
and DelhiAlwar. While planning these the authorities must ensure
that adequate parking facilities are available at Alwar, Meerut and
other intervening stations. People working in Delhi coming from the
suburbs or peripheral towns would take their private transport to
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these hubs and therefore adequate planning for the same should be
made.
Institutional Areas
8. Institutional areas can be universities, hospitals, government
buildings, courts, etc. When such buildings are planned very little
attention is paid to the parking problem. Even when someone
addresses these parking issues, normally only the needs of the
officials and the employees are addressed. To give an example there
are very few courts which have adequate facilities for parking of
vehicles by litigants. Similarly, in hospitals almost no space is
available for parking of vehicles of the patients or their attendants and
the entire parking space is used by doctors, nurses and other hospital
staff.
Commercial Areas
9. Commercial areas such as commercial malls, cinema halls,
market places, corporate offices, vegetable markets, grain markets,
etc. have different requirements. In markets where bulk items have to
be transported like subji mandis, fruit mandis, etc. there has to be
adequate provision for parking of transport vehicles like trucks,
tempos, etc. In fact, it is not only parking but other facilities, such as
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CNG stations, petrol stations, electric charging points, etc. which
should be made available within these areas.
10. Whether it be a transport hub, an institution or commercial area,
each will have its own specific requirements and these have to be
addressed by the planners and architects to ensure that adequate
arrangement is made for parking of vehicles and the persons visiting
these transport hubs, institutions, commercial areas are not forced to
park on the roads or in spaces which are not meant for parking.
11. There should be in our view a statutory regime wherein before
any person/authority is given permission to build and operate such
transport systems, institutions and commercial areas assessment with
regard to the needs of parking for the next 25 years at least should be
made and parking space should be developed accordingly.
12. Having said that we are 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. In fact in some
colonies, especially in colonies where people belonging to middle class
and lower middle class reside there is virtually no space within the
plots to park vehicles.
13. It is not as if the municipal authorities and other authorities are
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not alive to the problem of parking. However, the pace at which they
are moving is extremely slow. There is also total lack of innovation in
finding solutions. Environment Pollution (Prevention and Control)
Authority (EPCA) in consultation with the South Delhi Municipal
Corporation (SDMC) has earmarked the area of Lajpat Nagar to run a
pilot project to ease the problem of parking. Two other colonies,
Kamla Nagar in North Delhi and Krishna Nagar in East Delhi have
also been identified by the North Delhi Municipal Corporation (NDMC)
and the East Delhi Municipal Corporation (EDMC) respectively for
running such similar pilot projects. These are the colonies which
probably face the highest problem of parking. If the pilot project is
successful in these colonies we see no reason why such a project
should not be followed in other areas too.
14. If we take up the case of Lajpat Nagar itself, this is a colony
which was inhabited initially by people who came as refugees from
what is now called Pakistan. They were given small tenements and
over a period of time the single storey constructions have become
double and triple storeys. The plot sizes are by and large small
though there are a few big houses. The Central Market in Lajpat
Nagar is one of Delhi’s most popular and crowded markets. It is
almost impossible to find parking space during the market hours. In
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the last 1 or 2 years there has been some improvement after linking
Lajpat Nagar with metro rail and also by making traffic move one way.
However, the problem is so acute that a large number of visitors end
up parking their vehicles in the residential areas which causes
problems to the residents.
15. On the other hand these residential houses where the
inhabitants were supposed to have only one vehicle now have 34
vehicles and as per the Report No. 98 of EPCA there are approximately
3.6 floors per plot and there are at least 2 cars per floor and the
average plot area is 150 sq.metres, meaning thereby that there are
about 78 cars per plot. The plot sizes are so small that 8 cars cannot
be parked in a plot of that size. Resultantly, most of the cars if not all,
are parked on the road which clogs up the roads and even
ambulances, fire brigades, etc., cannot move. This situation cannot
be allowed to go on.
16. As noted by EPCA there is a huge gap between the available
space for parking and the demand. EPCA has involved the Residents
Welfare Associations (RWAs), and along with the RWAs has come up
with certain suggestions for this pilot project. One of the suggestions
is that parking permits can be issued to the residents whereby they
will be issued stickers which would identify the cars of residents as
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the ones that can be parked in that area. EPCA has suggested that
there should be monthly charges for the same but the Government of
NCT has opposed the same and at this stage we are not passing any
orders in this regard. However, it would not be unreasonable to
expect the residents to at least share the burden of administrative
costs to pay for the stickers, and hiring of security guards etc.
17. The Transport Department of the NCT of Delhi has also notified
the draft for Delhi Maintenance and Management of Parking Places
Rules of 2019 in exercise of the powers conferred under Clause 41 of
section 2 read with Section 117, subsection (3) of Section 127 and
clause (e), (h) and (i) of subsection (2) of Section 138 of the Motor
Vehicle Act, 1988 (59 of 1988). This policy envisages area parking
plans to be notified within 4 months from the coming into force of
these Rules. One heartening feature of this policy is that in its order
of priority, it gives first priority to pedestrians/cyclists, secondly to
mass public transport; thirdly to emergency vehicles, fourthly to
vehicles for differently abled persons their pick up and drop; then
comes personal motor vehicle parking; short duration parking; on
street parking; overnight parking for transport vehicles etc. Another
important aspect of this policy is that it lays down that parking
arrangements must not impinge on the free movement of traffic. It
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has other rules relating to payment of parking fees etc.
18. Clause 11 of the Policy deals with parking in residential streets
and lanes. This reads as follows :
11. Parking in residential streets and lanes (1) The Area Parking Plan
“ –
made by civic agencies shall include, in their scope, parking arrangements
within residential areas. The plan within such areas shall be made in
consultation with the residents/Resident Welfare Associations.
(2) The civic agencies shall consider developing open areas, other
than designated green areas / parks, near the colonies as parking lots on
payment basis. Regular shuttle services may be prescribed as a part of
parking facility, the charges for which shall be included in the parking fees.
(3) Further, the owners of vacant plots in the residential colonies and
commercial areas should be authorized for use of these plots as parking
places against parking fees. Upon permission to use such vacant plot also
as multilevel parking under building bye laws, such plots can be used as
such for that purpose. Appropriate tax measures may be adopted by civic
agencies to incentivize this process.
(4) Parking on footpaths shall be strictly prohibited and civic agencies
shall tow such illegally parked vehicles.
(5) On all lanes and streets, a lane must be earmarked for
unhindered movement of emergency vehicles like ambulances, fire tenders,
police vehicles, etc. No parking shall be allowed on this lane.”
Therefore, this Policy envisages the preparation of area parking plans,
the scope and ambit of such plans and the preparation of these plans
in consultation with the residents or the RWAs. This Policy also
encourages the use of open areas other than the designated green
areas and parks near the colonies as parking lots on payment basis.
Private parking is also encouraged where vacant land is owned by
private parties. An important aspect of this Policy is that it envisages
that the parking charges would include the cost of transporting the
person from the place where his/her vehicle is parked to the market
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area by providing shuttle service. We direct that such facility should
be by nonpolluting vehicles such as electric or battery operated
vehicles, golfcarts etc.
19. This Clause also has two other very important aspects. Parking
on footpaths is strictly prohibited. There can be no violation of this
and it cannot be permitted under any circumstances. Footpaths are
meant for pedestrians. Many houses encroach footpaths for many
reasons such as extending the garden, making security guard cabins
etc. All these are encroachments of public space. We direct that all
security guard cabins should be built within the plot area and not on
the footpaths. In any colony where the footpath is found to be
encroached upon, strict action should be taken against the owner and
the encroachment should be removed from the footpath. In case such
house owners after removal of the encroachment again encroach upon
the footpath then rules may be framed to discontinue municipal
services like water, electricity, sewage etc. to the residence of the
encroachers.
20. The policy relating to residential areas also provides that a lane
must be earmarked for unhindered movement of vehicles like
ambulances, fire tenders, police vehicles etc. This is very essential not
only to take care of medical emergencies, fire hazards etc., but also to
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ensure that the law and order enforcement agencies can move without
any hinderance. This lane will also obviously be used by the
residents. This lane should be clearly earmarked on both sides by
yellow fluorescent paint or strips and not even an inch of space within
the two yellow lines should be permitted to be used for parking. This
will prevent perpendicular parking and encourage parallel parking.
21. EPCA has prepared a Report for pilot project for Lajpat NagarIII
but the same Report with minor variations can be utilised for other
two colonies also. Without expressing our opinion on the report at
this stage we prima facie feel that the pilot project should continue in
Lajpat Nagar as suggested by the EPCA for at least a period of 3
months, where after this Court would be in a better position to
evaluate both the shortcomings and the benefits of the project. We
are not at this stage going into the details of the pilot project because
we do not, in any way, want to influence the working of the said
project. At the same time we would like to emphasise that what we
have culled out above from the parking policy must not be
compromised and the draft parking policy must be followed in letter
and spirit.
22. The pilot project envisages a demand for parking of 3510 cars in
Lajpat NagarIII whereas the demarcated legal parking can only
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accommodate 1830 cars. This means there is a gap of 1680 cars.
EPCA has identified sufficient alternative space to accommodate these
cars in various parking spaces available and through shared parking
with hospitals and educational institutions. Institutions like
hospitals, schools etc. do not require parking space once the working
hours are over. Therefore, this idea of sharing the parking space is
very good and could be extended to other areas too. However, in such
event, the owners of such institutions may have to be monetarily
compensated and we leave that question open for determination at a
later stage.
23. Parking lots can be of various types and different modules of
parking will be required in different areas. Traditionally, parking
areas are open pieces of land where the parking areas are marked. A
lot of area has to be left for the movement of vehicles. This is the least
expensive but also the least efficient way of providing parking.
However, this can be a solution in residential areas where the problem
of parking is not so acute. If after identification of the requirements of
parking as done in the case of Lajpat Nagar by EPCA, sufficient open
land can be identified for accommodating all the vehicles. This
traditional method may be the solution.
24. The second type of parking is multilevel parking which includes
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both underground and over ground parking. Underground parking
though more expensive to construct, is sometimes better in the longer
run especially when colonies are being developed because the land
above the parking area can be used as a park. Parks and parking can
be effectively combined. This is a concept used in various countries
all over the world where there are 2 to 3 or even more levels of
underground parking. As far as overground parking is concerned, it
is definitely cheaper than underground parking to construct but care
should be taken that the number of floors over the ground do not
violate the building norms and multilevel parking does not become an
eyesore. The problem of both multilevel and underground parking is
that, though due to increase of levels more cars can be parked in the
same area, a lot of space is wasted for providing access to the vehicles
to move in and out of the parking areas. Spiral parking is another
effective way of increasing parking space in the same area. The
structure for the parking is circular in area and parking is done in
concentric circles.
25. If automatic parking is introduced in these multilevel and spiral
parkings then the amount of usable area becomes large and the
number of vehicles which can be parked in the same area rises
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exponentially. When automation takes place in spiral parking only the
central hub of the parking area is used for the automated lift(s) and
that will require at the best the space of two or three vehicles.
26. Open parking or multilevel parking may be useful in residential
areas but automated multilevel parking and automated spiral parking
is the need of the hour for parking in institutions like hospitals,
courts, transport hubs, etc. where the demand for parking of vehicles
is very high.
27. Another type of parking is stack parking. This requires no
permanent construction. A framestructure is raised and depending
on the height of the structure, 2 or 3 cars are parked or ‘stacked’ one
above the other by means of automated lifts. This type of parking is
also useful in crowded areas and markets where availability of space is
less and also where the alternative multi level parking is being
constructed but will take a lot of time to be built.
28. Obviously these parking facilities come at a price. They are not
cheap to erect and maintain. It is for the authorities to plan out how
these parking facilities are to be financed. It is for the State to decide
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whether it will bear the cost or it wants the users to pay for the
parking area. However, one thing is certain. It is the responsibility of
the State to ensure that the roads are free and clear, free from parking
and that there is reasonably large amount of parking space available
to citizens in residential areas, commercial areas, institutional area,
transport hubs etc.
29. Modern technology must be used to ensure that parking spaces
are utilised to the maximum and for that it is necessary to have Radio
Frequency Identification (RFID) tags for all vehicles coupled with the
parking guidance and information system in transport hubs,
institutions and commercial areas. Parking charges, if any can be
paid directly to the parking operator through the RFID tags which will
reduce human intervention and corruption. One RFID tag can be
used not only to pay parking charges but also at toll barriers etc.,
wherever vehicles have to pay charges for use of the road or parking
space. Payment through RFID tags is automatic and speedy. Since
there is no human intervention there is no dispute and the daily news
of persons being beaten up at toll plazas would hopefully go down. For
vehicles which are exempt from payment of such toll charges etc., the
RFID tags can be programmed accordingly and these vehicles on the
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basis of RFID tag identification can go through these toll plazas
without payment of fees. This will virtually do away with the need of
having separate lanes for exempted category vehicles.
30. In any parking facility where more than 100 cars can be parked
parking guidance and information systems should be compulsorily
used. The number of vacant parking spaces should be clearly
identified and displayed prominently on signages outside the
institutional/commercial areas as well as outside the parking. The
parking guidance system should clearly indicate which entrance/route
the motor vehicle users should use to reach the nearest vacant
parking. This will help in making parking not only more efficient but
also reduce the traffic jams outside the parking area.
31. The pilot project of EPCA started in Lajpat Nagar from April,
2018 and we expect EPCA to give us a detailed report of the working of
the pilot project in Lajpat Nagar by 30.12.2019. We request EPCA to
prepare pilot project(s) for Krishna Nagar and Kamla Nagar within two
weeks, immediately whereafter such pilot projects will be started
there. With regard to the working of such pilot projects let the report
be submitted by 30.12.2019.
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32. In view of the above discussion we issue the following directions:
1. We direct the New Delhi Municipal Corporation, North Delhi
Municipal Corporation, South Delhi Municipal Corporation, East Delhi
Municipal Corporation and Delhi Cantonment Board to ensure that all
the pavements, in the residential areas are cleared from all
encroachments and ensure that the pavements are made usable by
pedestrians. The persons who have encroached upon the pavements
shall be given notice of 15 days to remove the encroachment and in
case they fail to do so the encroachment shall be removed by the
municipal authority/authority concerned at the cost of the encroacher
which shall be recovered as arrears of land revenue. The authorities
may also consider framing rules to discontinue municipal services to
repeat encroachers.
2. We direct that the draft rules of the Delhi Maintenance and
Management of Parking Places Rules 2019 be notified at the earliest
and not later than 30.09.2019. List for compliance on 04.10.2019.
3. Once the rules are notified it shall be the duty of all
concerned to ensure that the said rules are enforced in letter and
spirit.
4. The Govt. of NCT is directed to ensure that 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.
5. We direct EPCA and the municipal authorities to take into
consideration what has been stated in the judgment while evaluating
the feasibility and effectiveness of the pilot project.
6. The Govt. of NCT of Delhi, the municipal authorities and
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EPCA are directed to consider the viability and effectiveness of
introducing RIFD tags, parking guidance and information systems and
last mile connectivity from parking spaces to commercial areas,
institutions etc. and submit a report in this behalf by 30.09.2019 and
for this purpose let the matter be listed in Court 04.10.2019.
7. After the reports on the pilot project are received further
directions shall be issued.
33. List this matter on 13.01.2020.
……………………………….J.
(Arun Mishra)
……………………………….J.
(Deepak Gupta)
New Delhi
September 2, 2019
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ITEM NO.1502 COURT NO.4 SECTION PIL-W
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Civil) No(s). 13029/1985
M.C. MEHTA Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
[PARKING POLICY]
Date : 02-09-2019 This matter (Parking Policy Issue only) was
called on for Judgment today.
Counsel for the
parties Mr. S. Wasim A. Qadri, Sr. Adv.
Mrs. Snidha Mehra, Adv.
Mr. S. S. Rebello, Adv.
Mr. B. V. Balram Das, Adv.
Mr. R. s. Gerwal, Sr. Adv.
Mr. Hitesh Kumar Sharma, Adv.
Ms. Meenu Sethi, Adv.
Mr. R. K. Singh, Adv.
Ms. Priya Puri, Adv.
Mr. Yati Sharma, Adv.
Ms. Srishti Sharma, Adv.
Mr. Ranjay Dubey, Adv.
Mr. Anil Grover, Adv.
Dr. Monika Gusain, Adv.
Ms. Sakshi Kakkar, Adv.
Mr. Shakti Singh, Adv.
Applicant-in-person, AOR
Petitioner-in-person
Mr. Gurmeet Singh Makker, AOR
Mr. Mukesh Kumar Maroria, AOR
Mr. P. K. Jain, AOR
Mr. Ramesh Babu M. R., AOR
Mr. Rajesh Kumar Chaurasia, AOR
Mr. Annam D. N. Rao, AOR
Mr. Balaji Srinivasan, AOR
Mr. Pramod Dayal, AOR
Mr. Rakesh K. Sharma, AOR
Mrs. Priya Puri, AOR
21
Mr. R. P. Gupta, AOR
Mr. Sushil Kumar Singh, AOR
Mr. Sushil Kumar Jain, AOR
Mr. Rakesh Kumar-i, AOR
M/S. Parekh & Co., AOR
Mr. Rajiv Ranjan Dwivedi, AOR
Mr. Satya Mitra, AOR
Ms. Nandini Gidwaney, AOR
Mrs. B. Sunita Rao, AOR
Mr. Pavan Kumar, AOR
Mr. Ravindra Kumar, AOR
Ms. Ruchi Kohli, AOR
Mr. Parijat Sinha, AOR
Mr. V. K. Verma, AOR
Mr. K. R. Sasiprabhu, AOR
Mr. P. Parmeswaran, AOR
Mr. Ejaz Maqbool, AOR
Mr. Hardeep Singh Anand, AOR
Mr. Aniruddha Deshmukh, AOR
M/S. S. Narain & Co., AOR
Ms. Sujeeta Srivastava, AOR
Mr. Vijay Panjwani, AOR
M/S. M. V. Kini & Associates, AOR
Mr. E. C. Agrawala, AOR
Mrs. Rani Chhabra, AOR
Mr. Abhishek, AOR
Mr. Praveen Swarup, AOR
Mr. Sudhir Mendiratta, AOR
Dr. Monika Gusain, AOR
M/S. Saharya & Co., AOR
Mr. Radha Shyam Jena, AOR
Mr. Shri Narain, AOR
Mr. Mohit D. Ram, AOR
Ms. Hemantika Wahi, AOR
Mr. Sandeep Narain, AOR
Mr. Tara Chandra Sharma, AOR
Mr. Chirag M. Shroff, AOR
Mr. Ajit Pudussery, AOR
Mrs. K. Sarada Devi, AOR
Mr. Pradeep Kumar Bakshi, AOR
Mr. G. Prakash, AOR
Ms. Manjula Gupta, AOR
Mr. Prashant Kumar, AOR
Mr. Anil Kumar Jha, AOR
Mr. T. V. Ratnam, AOR
Mrs. Bina Gupta, AOR
Mr. Umesh Kumar Khaitan, AOR
M/S. Khaitan & Co., AOR
Ms. Binu Tamta, AOR
Mr. S. S. Shroff, AOR
Mr. Mukesh K. Giri, AOR
Mr. Sanjay Kumar Visen, AOR
Mr. Ravindra Bana, AOR
22
Mr. Bimal Roy Jad, AOR
Mr. Surya Kant, AOR
Mrs. Anil Katiyar, AOR
Mr. S. K. Bhattacharya, AOR
Mr. Sarvam Ritam Khare, AOR
Mr. Ashok Mathur, AOR
Ms. Shalini Kaul, AOR
Mr. Abhijat P. Medh, AOR
Mr. Munawwar Naseem, AOR
Ms. Pritha Srikumar, AOR
Mr. Senthil Jagadeesan, AOR
Ms. Kiran Bhardwaj, AOR
Mr. M. P. Devanath, AOR
Mr. Pranav Sachdeva, AOR
Ms. Sakshi Kakkar, AOR
Ms. Surabhi Sanchita, AOR
Ms. Divya Roy, AOR
Mr. Vivek Gupta, AOR
Mr. Shekhar Kumar, AOR
Ms. Surbhi Mehta, AOR
Mr. B. V. Balaram Das, AOR
Ms. Jaikriti S. Jadeja, AOR
Mr. Yash Pal Dhingra, AOR
Ms. Garima Prashad, AOR
M/S. Karanjawala & Co., AOR
Mr. Rajiv Yadav, AOR
Mr. Gaurav, AOR
Hon’ble Mr. Justice Deepak Gupta pronounced the reportable
order of the Bench comprising Hon’ble Mr. Justice Arun Mishra and
His Lordship.
The operative portion of the order is reproduced hereunder :-
“ 32. In view of the above discussion we issue
the following directions:-
1. We direct the New Delhi Municipal
Corporation, North Delhi Municipal Corporation,
South Delhi Municipal Corporation, East Delhi
Municipal Corporation and Delhi Cantonment
Board to ensure that all the pavements, in the
residential areas are cleared from all
encroachments and ensure that the pavements are
made usable by pedestrians. The persons who
have encroached upon the pavements shall be
23
given notice of 15 days to remove the
encroachment and in case they fail to do so the
encroachment shall be removed by the municipal
authority/authority concerned at the cost of
the encroacher which shall be recovered as
arrears of land revenue. The authorities may
also consider framing rules to discontinue
municipal services to repeat encroachers.
2. We direct that the draft rules of the
Delhi Maintenance and Management of Parking
Places Rules 2019 be notified at the earliest
and not later than 30.09.2019. List for
compliance on 04.10.2019.
3. Once the rules are notified it shall be
the duty of all concerned to ensure that the
said rules are enforced in letter and spirit.
4. The Govt. of NCT is directed to ensure
that 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.
5. We direct EPCA and the municipal
authorities to take into consideration what has
been stated in the judgment while evaluating
the feasibility and effectiveness of the pilot
project.
6. The Govt. of NCT of Delhi, the municipal
authorities and EPCA are directed to consider
the viability and effectiveness of introducing
RIFD tags, parking guidance and information
systems and last mile connectivity from parking
spaces to commercial areas, institutions etc.
and submit a report in this behalf by
30.09.2019 and for this purpose let the matter
be listed in Court 04.10.2019.
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7. After the reports on the pilot project are
received further directions shall be issued.
33. List this matter on 13.01.2020.”
(JAYANT KUMAR ARORA) (JAGDISH CHANDER)
COURT MASTER BRANCH OFFICER
25
REVISED
ITEM NO.302 COURT NO.4 SECTION PIL-W
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Civil) No(s). 13029/1985
M.C. MEHTA Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(IN RE: PET COKE(1) IA NOS. 100194, 102169 AND 108253/2018 (APPLNS.
FOR INTERVENTION, PERMISSION/DIRECTIONS AND CLARIFICATION OF ORDER
DT. 26.7.2018 ON BEHALF OF INDIAN STEEL ASSOCIATION)(2) IA NOS.
77903, 77914, 115646, AND 131529/2019 (APPLNS. FOR IMPLEADMENT,
DIRECTIONS, PERMISSION TO PLACE ON RECORD ADDL. DOCUMENTS AND
APPLN. FOR PERMISSION TO FILE OBJECTIONS TO EPCA REPORT NO. 101 ON
B/O RAIN CII CARBON (VIZAG) LTD.(3) IA NOS. 127076 AND 127082/2019
(APPLNS. FOR IMPLEADMENT AND DIRECTIONS ON B/O GOA CARBON LTD.)(4)
IA NOS. 127086 AND 127089/2019 (APPLNS. FOR IMPLEADMENT AND
DIRECTIONS ON B/O PETRO CARBON AND CHEMICALS PVT. LTD.)5) IA NOS.
113743 AND 113750/2019 (APPLNS. FOR IMPLEADMENT AND DIRECTIONS ON
B/O M/S BHARAT ALUMINIUM COMPANY LTD.)(6) IA NOS. 104645 AND
104653/2019 (APPLNS. FOR IMPLEADMENT AND DIRECTIONS)
Date : 02-09-2019 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE ARUN MISHRA
HON'BLE MR. JUSTICE DEEPAK GUPTA
Counsel for the
parties MR. HARISH N. SALVE, SR. ADVOCATE (A.C.)
[NOT PRESENT]
MS. APARAJITA SINGH, SR. ADVOCATE (A.C.)
MR. A.D.N. RAO, ADVOCATE (A.C.)
MR. SIDDHARTHA CHOWDHURY, ADVOCATE (A.C.)
Mr. C. A. Sundaram, Sr. Adv.
Mr. SYED JAFAR ALAM, ADVOCATE
Mr. Pranav Jain, Adv.
Ms. Shivani Khandekar, Adv.
26
Mr. Sanjiv Sen, Sr. Adv.
Mr. Praveen Swarup, Adv.
Mr. Sayan Ray, Adv.
Mr. Soumo Palit, Adv.
Mr. S. Wasim A. Qadri, Sr. Adv.
Mrs. Snidha Mehra, Adv.
Mr. S. S. Rebello, Adv.
Mr. Praveen Swarup, Adv.
Mr. Chandra Pratap Singh, Adv.
Mr. Karmendra Pratap Singh, Adv.
Mr. Rahul Tomar, Adv.
Mr. B. V. Balram Das, Adv.
Mr. D. L. Chidananda, Adv.
Mr. Rajesh K. Singh, Adv.
Mr. S. S. Rebello, Adv.
Ms. Archana Pathak Dave, Adv.
Ms. Suhasini Sen, Adv.
Mr. Raj Bahadur, Adv.
Mr. G. S. Makker, Adv.
Ms. Snidha Mehra, Adv.
Mr. S. S. Rebello, Adv.
Mrs. Anil Katiyar, Adv.
MR. B.V. BALRAMDAS, ADVOCATE
PETITIONER-IN-PERSON
MR. B.K. PRASAD, ADVOCATE
MR. SANJAY KR. VISEN, ADVOCATE
MR. ABHISHEK, ADVOCATE
MS. RUCHI KOHLI, ADVOCATE
MR. CHIRAG M. SHROFF, ADVOCATE
Ms. Mahima C. Shroff, Adv.
Ms. Yashika Verma, Adv.
MS. ANIL KATIYAR, ADVOCATE
Mr. Nawneet Vibhaw, Adv.
Mr. Nihal Rao, Adv.
Mr. Sanjeev Kumar, Adv.
Ms. Ekta Kapil, Adv.
For M/S KHAITAN AND CO.
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Mr. Arnav Dash, Adv.
MR. DHANANJAY MISHRA, ADVOCATE
Ms. Ranjana Roy Gawai, Adv.
Ms. Prachi Golechha, Adv.
MS. DIVYA ROY, ADVOCATE
UPON hearing the counsel the Court made the following
O R D E R
(1)
INTERLOCUTORY APPLICATION NOS. 100194, 102169 AND 108253/2018
(Applns. For Intervention, Permission/Directions And Clarification
Of Order Dt. 26.7.2018 On Behalf Of Indian Steel Association)
(2)
INTERLOCUTORY APPLICATION NOS. 77903, 77914, 115646, AND
131529/2019
(APPLNS. For Impleadment, Directions, Permission To Place On Record
Addl. Documents And Appln. For Permission To File Objections To
Epca Report No. 101 On B/O Rain Cii Carbon (VIZAG) Ltd.
(3)
IA NOS. 127076 AND 127082/2019
(APPLNS. FOR IMPLEADMENT AND DIRECTIONS ON B/O GOA CARBON LTD.)
(4)
INTERLOCUTORY APPLICATION NOS. 127086 AND 127089/2019
(Applns. For Impleadment And Directions On B/O Petro Carbon And
Chemicals Pvt. Ltd.)
(5)
INTERLOCUTORY APPLICATION NOS. 113743 AND 113750/2019
(Applns. For Impleadment And Directions On B/O M/S Bharat Aluminium
Company Ltd.)
(6)
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INTERLOCUTORY APPLICATION NOS. 104645 AND 104653/2019
(Applns. For Impleadment And Directions on behalf of M/s Vedanta
Ltd. And Anr.)
List all the above interlocutory applications/issues on
13.09.2019.
(JAYANT KUMAR ARORA) (JAGDISH CHANDER)
COURT MASTER BRANCH OFFICER