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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.

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

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                   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.

24

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.

27

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)

28

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