M.C. MEHTA versus UNION OF INDIA & ORS. on 2 September 2019

1. Modern conveniences bring with them their own problems.One of the most important conveniences of the industrial age is motortransport. This has brought with it many problems but we may highlightonly two:- (1) pollution and (2) parking space. It is the problem ofparking which we seek to address in this order.

2. A vehicle, whether be it a motor car, bus, three-wheeler,scooter or a small scooty, transports one or more individuals from oneplace to the other. Once passengers /occupants of the vehicles havebeen 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 infrastructureand a lot of money. The tendency of individuals is to save as muchmoney 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 improvedand the earning capacity of people has risen there are more and morevehicles on the road. At the same time due to paucity of space and theastronomical rise in land prices the size of dwelling houses has becomesmaller and smaller. The biggest casualty in this conflict betweenincreasing number of cars and dwindling availability of land is "parkingspace" for vehicles. Even in those houses which had garages, thesewere converted to rooms utilised for other purposes. Then cars startedgetting parked in drive-ways but as the number of members of thehouseholds expanded, from drive-ways the cars have now spilled over AB

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Ato the roads outside the house. This is not the only problem. Themunicipal authorities, for reasons best known to them, without carryingout any study with regard to the carrying capacity of the colonies/areas/towns/cities/metropolises are permitting additional constructions includingadditional floors in these colonies. Setbacks are being decreased orabolished. The constructed area is rising vertically and horizontally.BResultantly where, about 50 years ago, there was a single storey housewith one family and one car, there is now a four storey- structure, ifnot higher with may be 8 flats and 16 cars if not more. This has createdmany problems and one of the most serious problems is that of parking.

4. The Golden Rule is "Love thy neighbour". Today the socialCfabric of neighbourhoods is being torn asunder because of fights overthis most petty issue of parking of vehicles. Therefore, we feel thereis a need to pass a detailed order on a mundane issue like parkingbecause this may impact town planning. Proper parking policies willalso lead to less pollution, less crime and a better and more dignifiedDlife which every citizen is entitled to under Article 21 of the Constitutionof India.

5. Before dealing with the issue of parking, we have to note thatthere is an abject failure on the part of the government and the authoritiesto provide adequate public transport to the citizens of the country.EIndividual vehicles are owned by about 2% of the population. However,this 2% of the population wants to monopolise all the resources andinfrastructure with regard to transportation. It is only in the last twodecades that cities have moved towards introducing schemes for masstransportation but we still have a long way to go.F6. In this order we shall mainly deal with the issue of parking in F6. In this order we shall mainly deal with the issue of parking inresidential areas but while dealing with the issue in a holistic mannerwe shall have to deal with the issue of parking in general. This isnecessary because if adequate parking is not provided in transport hubs,institutional areas, commercial areas, etc., the spill-over will go to theresidential areas.G

Transport Hubs

7. Wherever there are large transport hubs such as bus depots,railway stations, metro stations, airports, etc. where a large number ofpeople come, there should be adequate facilities for parking. In mostHof the areas people just want to be dropped off. Therefore, emphasis should be more on "drop and go" arrangements. This aspect should beencouraged by having a very low or no fees for drop-offs and heavyfees for parking vehicles. Parking facilities will have to be provided attransport hubs, especially when we talk of mass rapid transport systemswhere people will come from peripheral towns to a metropolis likeDelhi. Today we have plans on the anvil to introduce Regional RapidTransit Systems (RRTS) connecting the metropolises in the country withthe peripheral towns. Two such RRTS are Delhi-Meerut and Delhi-Alwar. While planning these the authorities must ensure that adequateparking facilities are available at Alwar, Meerut and other interveningstations. People working in Delhi coming from the suburbs or peripheraltowns would take their private transport to these hubs and thereforeadequate planning for the same should be made.

Institutional Areas

8. Institutional areas can be universities, hospitals, governmentbuildings, courts, etc. When such buildings are planned very little attentionis paid to the parking problem. Even when someone addresses theseparking issues, normally only the needs of the officials and theemployees are addressed. To give an example there are very few courtswhich have adequate facilities for parking of vehicles by litigants.Similarly, in hospitals almost no space is available for parking of vehiclesof the patients or their attendants and the entire parking space is usedby 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 betransported like subji mandis, fruit mandis, etc. there has to be adequateprovision for parking of transport vehicles like trucks, tempos, etc. Infact, it is not only parking but other facilities, such as CNG stations,petrol stations, electric charging points, etc. which should be madeavailable within these areas.

10. Whether it be a transport hub, an institution or commercialarea, each will have its own specific requirements and these have tobe addressed by the planners and architects to ensure that adequatearrangement is made for parking of vehicles and the persons visitingthese transport hubs, institutions, commercial areas are not forced topark on the roads or in spaces which are not meant for parking.

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11. There should be in our view a statutory regime wherein beforeany person/authority is given permission to build and operate suchtransport systems, institutions and commercial areas assessment withregard to the needs of parking for the next 25 years at least should bemade and parking space should be developed accordingly.

B12. Having said that we are not oblivious to the hard reality thatin certain colonies and areas parking of some vehicles will have to bepermitted on the roads because the number of vehicles is much morethan those which can be parked inside the houses. In fact in somecolonies, especially in colonies where people belonging to middle classand lower middle class reside there is virtually no space within the plotsCto park vehicles.

13. It is not as if the municipal authorities and other authoritiesare not alive to the problem of parking. However, the pace at whichthey are moving is extremely slow. There is also total lack of innovationin finding solutions. Environment Pollution (Prevention and Control)DAuthority (EPCA) in consultation with the South Delhi MunicipalCorporation (SDMC) has earmarked the area of Lajpat Nagar to runa pilot project to ease the problem of parking. Two other colonies,Kamla Nagar in North Delhi and Krishna Nagar in East Delhi havealso been identified by the North Delhi Municipal Corporation (NDMC)Eand the East Delhi Municipal Corporation (EDMC) respectively forrunning such similar pilot projects. These are the colonies whichprobably face the highest problem of parking. If the pilot project issuccessful in these colonies we see no reason why such a project shouldnot be followed in other areas too.

F14. If we take up the case of Lajpat Nagar itself, this is a colonywhich was inhabited initially by people who came as refugees from whatis now called Pakistan. They were given small tenements and over aperiod of time the single storey constructions have become double andtriple storeys. The plot sizes are by and large small though there are afew big houses. The Central Market in Lajpat Nagar is one of Delhi'sGmost popular and crowded markets. It is almost impossible to findparking space during the market hours. In the last 1 or 2 years therehas been some improvement after linking Lajpat Nagar with metro railand also by making traffic move one way. However, the problem is soacute that a large number of visitors end up parking their vehicles inHthe residential areas which causes problems to the residents.

15. On the other hand these residential houses where theinhabitants were supposed to have only one vehicle now have 3-4vehicles and as per the Report No. 98 of EPCA there are approximately3.6 floors per plot and there are at least 2 cars per floor and the averageplot area is 150 sq.metres, meaning thereby that there are about 7-8cars per plot. The plot sizes are so small that 8 cars cannot be parkedin a plot of that size. Resultantly, most of the cars if not all, are parkedon the road which clogs up the roads and even ambulances, firebrigades, etc., cannot move. This situation cannot be allowed to go on.

16. As noted by EPCA there is a huge gap between the availablespace for parking and the demand. EPCA has involved the ResidentsWelfare Associations (RWAs), and along with the RWAs has come upwith certain suggestions for this pilot project. One of the suggestions isthat parking permits can be issued to the residents whereby they willbe issued stickers which would identify the cars of residents as the onesthat can be parked in that area. EPCA has suggested that there shouldbe monthly charges for the same but the Government of NCT hasopposed the same and at this stage we are not passing any orders inthis regard. However, it would not be unreasonable to expect theresidents to at least share the burden of administrative costs to pay forthe stickers, and hiring of security guards etc.

17. The Transport Department of the NCT of Delhi has alsonotified the draft for Delhi Maintenance and Management of ParkingPlaces Rules of 2019 in exercise of the powers conferred under Clause41 of section 2 read with Section 117, sub-section (3) of Section 127and clause (e), (h) and (i) of sub-section (2) of Section 138 of the MotorVehicle Act, 1988 (59 of 1988). This policy envisages area parking plansto 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, itgives first priority to pedestrians/cyclists, secondly to mass publictransport; thirdly to emergency vehicles, fourthly to vehicles fordifferently abled persons - their pick up and drop; then comes personalmotor vehicle parking; short duration parking; on-street parking;overnight parking for transport vehicles etc. Another important aspectof this policy is that it lays down that parking arrangements must notimpinge on the free movement of traffic. It has other rules relating topayment of parking fees etc.

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A18. Clause 11 of the Policy deals with parking in residential streetsand lanes. This reads as follows :- “11. Parking in residential streets and lanes - (1) The AreaParking Plan made by civic agencies shall include, in their scope,parking arrangements within residential areas. The plan withinsuch areas shall be made in consultation with the residents/Resident Welfare Associations.

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(2) The civic agencies shall consider developing open areas, otherthan designated green areas / parks, near the colonies as parkinglots on payment basis. Regular shuttle services may be prescribedas a part of parking facility, the charges for which shall beincluded in the parking fees.

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(3) Further, the owners of vacant plots in the residential coloniesand commercial areas should be authorized for use of these plotsas parking places against parking fees. Upon permission to usesuch vacant plot also as multi-level parking under building byelaws, such plots can be used as such for that purpose.Appropriate tax measures may be adopted by civic agencies toincentivize this process.

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(4) Parking on footpaths shall be strictly prohibited and civicagencies shall tow such illegally parked vehicles.

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(5) On all lanes and streets, a lane must be earmarked forunhindered movement of emergency vehicles like ambulances,fire tenders, police vehicles, etc. No parking shall be allowed onthis lane.”

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Therefore, this Policy envisages the preparation of area parkingplans, the scope and ambit of such plans and the preparation of theseplans in consultation with the residents or the RWAs. This Policy alsoencourages the use of open areas other than the designated green areasand parks near the colonies as parking lots on payment basis. PrivateGparking is also encouraged where vacant land is owned by privateparties. An important aspect of this Policy is that it envisages that theparking charges would include the cost of transporting the person fromthe place where his/her vehicle is parked to the market area by providingshuttle service. We direct that such facility should be by non-pollutingHvehicles such as electric or battery operated vehicles, golf-carts etc.

M.C. MEHTA v. UNION OF INDIA & ORS.[DEEPAK GUPTA, J.]

19. This Clause also has two other very important aspects.Parking on footpaths is strictly prohibited. There can be no violation ofthis and it cannot be permitted under any circumstances. Footpaths aremeant for pedestrians. Many houses encroach footpaths for manyreasons such as extending the garden, making security guard cabinsetc. All these are encroachments of public space. We direct that allsecurity guard cabins should be built within the plot area and not onthe footpaths. In any colony where the footpath is found to beencroached upon, strict action should be taken against the owner andthe encroachment should be removed from the footpath. In case suchhouse owners after removal of the encroachment again encroach uponthe footpath then rules may be framed to discontinue municipal serviceslike water, electricity, sewage etc. to the residence of the encroachers.

20. The policy relating to residential areas also provides that alane must be earmarked for unhindered movement of vehicles likeambulances, fire tenders, police vehicles etc. This is very essential notonly to take care of medical emergencies, fire hazards etc., but also toensure that the law and order enforcement agencies can move withoutany hinderance. This lane will also obviously be used by the residents.This lane should be clearly earmarked on both sides by yellowfluorescent paint or strips and not even an inch of space within the twoyellow lines should be permitted to be used for parking. This will preventperpendicular parking and encourage parallel parking.

21. EPCA has prepared a Report for pilot project for LajpatNagar-III but the same Report with minor variations can be utilisedfor other two colonies also. Without expressing our opinion on the reportat this stage we prima facie feel that the pilot project should continuein Lajpat Nagar as suggested by the EPCA for at least a period of 3months, where after this Court would be in a better position to evaluateboth the short-comings and the benefits of the project. We are not atthis 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 thesame time we would like to emphasise that what we have culled outabove from the parking policy must not be compromised and the draftparking policy must be followed in letter and spirit.

22. The pilot project envisages a demand for parking of 3510cars in Lajpat Nagar-III whereas the demarcated legal parking can onlyaccommodate 1830 cars. This means there is a gap of 1680 cars.

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AEPCA has identified sufficient alternative space to accommodate thesecars in various parking spaces available and through shared parking withhospitals and educational institutions. Institutions like hospitals, schoolsetc. do not require parking space once the working hours are over.Therefore, this idea of sharing the parking space is very good and couldbe extended to other areas too. However, in such event, the owners ofBsuch institutions may have to be monetarily compensated and we leavethat question open for determination at a later stage.

23. Parking lots can be of various types and different modulesof parking will be required in different areas. Traditionally, parking areasare open pieces of land where the parking areas are marked. A lot ofCarea has to be left for the movement of vehicles. This is the leastexpensive but also the least efficient way of providing parking.However, this can be a solution in residential areas where the problemof parking is not so acute. If after identification of the requirements ofparking as done in the case of Lajpat Nagar by EPCA, sufficient openDland can be identified for accommodating all the vehicles. This traditionalmethod may be the solution.

24. The second type of parking is multi-level parking whichincludes both underground and over ground parking. Undergroundparking though more expensive to construct, is sometimes better in theElonger run especially when colonies are being developed because theland above the parking area can be used as a park. Parks and parkingcan be effectively combined. This is a concept used in various countriesall over the world where there are 2 to 3 or even more levels ofunderground parking. As far as over-ground parking is concerned, itis definitely cheaper than underground parking to construct but careFshould be taken that the number of floors over the ground do not violatethe building norms and multilevel parking does not become an eyesore.The problem of both multilevel and underground parking is that, thoughdue to increase of levels more cars can be parked in the same area, alot of space is wasted for providing access to the vehicles to move inGand out of the parking areas. Spiral parking is another effective wayof increasing parking space in the same area. The structure for theparking is circular in area and parking is done in concentric circles.

25. If automatic parking is introduced in these multilevel and spiralparkings then the amount of usable area becomes large and the numberHof vehicles which can be parked in the same area rises exponentially.

When automation takes place in spiral parking only the central hub ofthe parking area is used for the automated lift(s) and that will requireat the best the space of two or three vehicles.

26. Open parking or multi-level parking may be useful in residentialareas but automated multi-level parking and automated spiral parkingis the need of the hour for parking in institutions like hospitals, courts,transport hubs, etc. where the demand for parking of vehicles is veryhigh.

27. Another type of parking is stack parking. This requires nopermanent construction. A frame-structure is raised and depending onthe height of the structure, 2 or 3 cars are parked or 'stacked' one abovethe other by means of automated lifts. This type of parking is also usefulin crowded areas and markets where availability of space is less andalso where the alternative multi- level parking is being constructed butwill take a lot of time to be built.

28. Obviously these parking facilities come at a price. They arenot cheap to erect and maintain. It is for the authorities to plan out howthese parking facilities are to be financed. It is for the State to decidewhether it will bear the cost or it wants the users to pay for the parkingarea. However, one thing is certain. It is the responsibility of the Stateto ensure that the roads are free and clear, free from parking and thatthere is reasonably large amount of parking space available to citizensin residential areas, commercial areas, institutional area, transport hubsetc.

29. Modern technology must be used to ensure that parkingspaces are utilised to the maximum and for that it is necessary to haveRadio Frequency Identification (RFID) tags for all vehicles coupled withthe parking guidance and information system in transport hubs,institutions and commercial areas. Parking charges, if any can be paiddirectly to the parking operator through the RFID tags which will reducehuman intervention and corruption. One RFID tag can be used not onlyto pay parking charges but also at toll barriers etc., wherever vehicleshave to pay charges for use of the road or parking space. Paymentthrough RFID tags is automatic and speedy. Since there is no humanintervention there is no dispute and the daily news of persons beingbeaten up at toll plazas would hopefully go down. For vehicles whichare exempt from payment of such toll charges etc., the RFID tags canbe programmed accordingly and these vehicles on the basis of RFID

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Atag identification can go through these toll plazas without payment offees. This will virtually do away with the need of having separate lanesfor exempted category vehicles.

30. In any parking facility where more than 100 cars can beparked parking guidance and information systems should beBcompulsorily used. The number of vacant parking spaces should beclearly identified and displayed prominently on signages outside theinstitutional/commercial areas as well as outside the parking. The parkingguidance system should clearly indicate which entrance/route the motorvehicle users should use to reach the nearest vacant parking. This willhelp in making parking not only more efficient but also reduce the trafficCjams 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 workingof the pilot project in Lajpat Nagar by 30.12.2019. We request EPCAto prepare pilot project(s) for Krishna Nagar and Kamla Nagar withinDtwo weeks, immediately whereafter such pilot projects will be startedthere. With regard to the working of such pilot projects let the reportbe submitted by 30.12.2019.

32. In view of the above discussion we issue the followingdirections:-E

1. We direct the New Delhi Municipal Corporation, NorthDelhi Municipal Corporation, South Delhi MunicipalCorporation, East Delhi Municipal Corporation and DelhiCantonment Board to ensure that all the pavements, in theresidential areas are cleared from all encroachments andFensure that the pavements are made usable by pedestrians.The persons who have encroached upon the pavements shallbe given notice of 15 days to remove the encroachment andin case they fail to do so the encroachment shall beremoved by the municipal authority/authority concerned atGthe cost of the encroacher which shall be recovered asarrears of land revenue. The authorities may also considerframing rules to discontinue municipal services to repeatencroachers.

2. We direct that the draft rules of the Delhi Maintenance andHManagement of Parking Places Rules 2019 be notified at M.C. MEHTA v. UNION OF INDIA & ORS.[DEEPAK GUPTA, J.]

the earliest and not later than 30.09.2019. List forcompliance on 04.10.2019.

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3. Once the rules are notified it shall be the duty of allconcerned to ensure that the said rules are enforced in letterand spirit.

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4. The Govt. of NCT is directed to ensure that while grantingpermission to build any structures, there is proper assessmentof the parking needs for the next 25 years and requisiteparking facilities are available.

5. We direct EPCA and the municipal authorities to take intoCconsideration what has been stated in the judgment whileevaluating the feasibility and effectiveness of the pilotproject.

6. The Govt. of NCT of Delhi, the municipal authorities andEPCA are directed to consider the viability and effectivenessof introducing RIFD tags, parking guidance and informationDsystems and last mile connectivity from parking spaces tocommercial areas, institutions etc. and submit a report inthis behalf by 30.09.2019 and for this purpose let the matterbe listed in Court 04.10.2019.

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7. After the reports on the pilot project are received furtherdirections shall be issued.

33. List this matter on 13.01.2020.

Kalpana K. Tripathy

Directions Issued.

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