Manu Mishra v. Govt. of NCT of Delhi & Ors.

Delhi High Court · 21 Nov 2019 · 2019:DHC:6218-DB

D.N. Patel; C. Hari Shankar

W.P.(C) 4999/2017

2019:DHC:6218-DB

administrative petition_dismissed

AI Summary

The Delhi High Court dismissed a PIL seeking directions on encroachments and parking policies, holding that the Supreme Court's ongoing monitoring and directions in a related case sufficiently address the issues raised.

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W(C) 4999/2017
HIGH COURT OF DELHI
Date of Decision: 21st November, 2019

W.P.(C) 4999/2017
MANU MISHRA ..... Petitioner
Through: Petitioner in person

VERSUS

GOVT. OF NCT OF DELHI & ORS ..... Respondents
Through: Mr. Sanjay Ghose, ASC with Mr. Naman Jain, Adv. for GNCTD with SI J.D. Yadav, Pairvi Officer
Traffic Mr. Ajjay Aroraa and Mr. Kapil Dutta, Advs. for respondent nos. 5 and 6
Mr. Mayank Bomniyal, Adv. for DDA

CORAM:

HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR O R D E R 21.11.2019
D.N. PATEL, CHIEF JUSTICE (ORAL)

W.P.(C) 4999/2017

JUDGMENT

1. This Public Interest Litigation (PIL) has been preferred with the following prayers: “A Issue a writ in the nature of mandamus or any other writ /directions /orders directing the Respondents and other road owning agencies to remove all encroachments affecting the freedom of movement and right of way; 2019:DHC:6218-DB

B. Issue a writ in the nature of mandamus or any other writ /directions/ orders directing the Respondents and their concerned departments to frame a comprehensive parking policy for Delhi within a reasonable time frame with special emphasis on the main/identified roads of Delhi, with strict penal actions and heavy fines to ensure proper parking of vehicles and strict implementation of the same;

C. Issue a writ in the nature of mandamus or any other writ directions/orders to the respondents for proper maintenance of infrastructure concerning roads, footpaths, dividers, crossings and signages;

D. Issue a writ in the nature of mandamus or any other writ /directions/orders to the respondents for making guidelines indicating the time frame for the repairing and rebuilding of roads/ adjoining areas, once the same have been dug up for various reasons;

E. Issue a writ in the nature of mandamus or any other writ directions/orders to the respondents for ensuring proper mechanism to clean the rain water drains on the roads as it leads to water logging and damage to the roads;

F. Issue a writ in the nature of mandamus or any other writ /directions/orders to the Respondents for fixing the responsibility of future encroachments or illegal occupation in the right of way on respective roads and other public places;

G. Pass any or such other appropriate writ, order(s) or direction(s) as this Hon’ble Court may deem fit and appropriate in the facts and circumstances of the present case for implementation of such scheme, guidelines, etc. for stopping encroachments, illegal structures, to ensure free movement and right of way.”

2. Having heard counsel for both the sides and looking to the facts and circumstances of the case, it is rightly submitted by the counsel for respondent no. 1 that in WP(C) No. 13029/1985 titled M.C. Mehta vs. Union of India & Ors., the Hon’ble Supreme Court has passed an order on 2nd September, 2019, specifically paragraph 32, which deals with all the aforesaid prayers of this writ petition and hence, no further directions are required to be passed because even otherwise also, the Supreme Court is monitoring this case. Paragraph 32 of the order dated 2nd September, 2019 passed by Hon’ble Supreme Court in WP(C) No. 13029/1985 titled M.C. Mehta vs. Union of India & Ors. reads as under:- “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 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.”

3. In view of these submissions of counsel for respondent no. 1 and the aforesaid order, we see no reason to monitor this case. The Supreme Court has already issued guidelines, especially to draft the Rules for the maintenance and management of parking places. Rules pertaining to the parking policy have to be finalized by the respondents. With these observations, this writ petition is hereby disposed of. CM Appl. Nos. 21610/2017 (directions), 28543/2017 (impleadment), 28544/2017 (impleadment) and 28545/2017 (directions) In view of the order passed in the writ petition, these applications stand disposed of.

CHIEF JUSTICE C.HARI SHANKAR, J. NOVEMBER 21, 2019 r.bararia

Manu Mishra v. Govt. of NCT of Delhi & Ors.

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