LexM.C. MEHTA versus UNION OF INDIA & ORS.
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A B C D E F G H 1053 M.C. MEHTA v. UNION OF INDIA & ORS. (Writ Petition (Civil) No. 13029 of 1985) SEPTEMBER 02, 2019 [ARUN MISHRA AND DEEPAK GUPTA, JJ.] Urban Development: Town planning - Problem of parking of motor vehicles - Held: Parking problem has arisen as there is an abject failure on the part of the Government and the Authorities to provide adequate public transport - Proper parking policies will lead to less pollution, less crime and a better and more dignified life as envisaged u/Art. 21 of the Constitution - Adequate parking arrangements need to be made at Transport Hubs (i.e. bus depots, railway stations, metro-stations, airports, etc.), at Institutional areas (i.e. Universities, Hospitals, Government buildings, Courts, etc.), and at Commercial areas (i.e. malls, cinema halls, market places, corporate offices, vegetable markets, grain markets, etc.,) according to their specific requirements - There need to be a statutory regime wherein before giving permission to build and operate such Transport hubs, institutions and commercial areas, assessment for the next 25 years should be made - In the residential areas especially those where people belonging to middle class reside, the problem of parking is more - Though municipal authorities are alive to the problem, but the pace at which they are moving is very slow and there is 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 - Transport Department of the NCT of Delhi has also notified the draft for Delhi Maintenance and Management of Parking Places Rules, 2019 in exercise of powers u/cl. 41 of s. 2 r/w. s. 117, sub-section (3) of s. 127 and cls. (e),(h) and (i) of sub-section (2) of s. 138 of Motor Vehicles Act, 1988 - Clause 11 of the policy deals with parking in residential streets and lanes - Parking lots can be of 1053 [2019] 11 S.C.R. 1053 A B C D E F G H 1054 SUPREME COURT REPORTS [2019] 11 S.C.R. various types and different modules of parking will be required in different areas viz. traditional method (i.e. parking in open space), multi-level parking (including automated multi-level parking and automated spiral parking), and stack parking - Modern technology like Radio Frequency Identification (RFID) tags must be used to ensure that parking spaces are utilised to the maximum - The Municipal Corporations of Delhi and the Delhi Cantonment Board are directed to ensure that all the pavements, in the residential areas are cleared from all encroachments - The encroachers are required to be given notice to remove the encroachment and on failure, Authorities to remove the same at the cost of the encroachers - The Authorities are also directed to consider framing of rules to discontinue municipal services to habitual encroachers - It is directed that draft rules of Delhi Maintenance and Management of Parking Places Rules, 2009 be notified and after its notification to ensure its enforcement in letter and spirit - Govt. of NCT is directed to ensure that while granting permission to build any structures, there is proper assessment of parking needs for the next 25 years - Govt. of NCT of Delhi, 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 - Matters adjourned to be listed after receipt of reports on pilot project. CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No. 13029 of 1985. (Under Article 32 of The Constitution of India) Harish N. Salve, Ms. Aparajita Singh, Sr. Advs, A. D. N. Rao, Siddhartha Chowdhury, Advs. (A.Cs.), Tushar Mehta, SG, A.N.S. Nadkarni, ASG, Balaji Srinivasan, AAG, S. Wasim A. Qadri, R. S. Suri, Dhruv Mehta, Sanjiv Sen, R. S. Grewal, Sr. Advs., Ms. Suhasini Sen, Ms. Archana P. Dave, Ms. Shraddha Deshmukh, Rajat Nair, D. L. Chidananda, R. B. Yadav, G. S. Makker, S. S. Rebello, Bhavanishankar V. Gadnis, Mrs. Snidha Mehra, B. V. Balram Das, S. Venkatesh, Varun Khanna, Vikas M., Sunil B., Ms. Nishtha Kumar, Chirag M. Shroff, Ms. Mahima C. Shroff, Balaji Srinivasan, Ms. Pallavi Sengupta, Ms. Garima Jain, Siddhanth Kohli, Ms. Lakshmi Rao, Akash Chatterjee, Aishwarya Chowdhury, Ms. Anini A B C D E F G H 1055 Debarman, Praveen Swarup, Aj
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