Delh

‘Allow new buildings only with ample parking’

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Supreme Court flags abject failure of government to provide adequate public transport for citizens

Authorities are aware of the chronic lack of vehicle parking space in Delhi, but are too lazy to resolve the problem which is leading to more pollution, crime and lack of a dignified life, the Supreme Court said in a judgment on Monday.

A Bench of Justice Arun Mishra and Deepak Gupta ordered that building permission should be given in the national capital only after ensuring that there is room for parking vehicles in the area for the next quarter of a century.

The court said parking charges should include the cost of ferrying users from the parking lot to the market area where he or she is headed. The shuttle service would have battery, electric vehicles or golf carts.

The court directed the Delhi government, municipal authorities and the Environment Pollution (Prevention and Control) Authority (EPCA) to consider the viability and effectiveness of introducing Radio Frequency Identification (RFID) tags, ‘parking guidance and information systems and last-mile connectivity from parking spaces to commercial areas, institutions’and submit a report before it by September 30.

Threat to peace

The court said parking spats break the golden rule of ‘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,” the court observed.

The court said parking woes have become so acute over the past few years that it has affected the fundamental right to life enshrined under Article 21 of the Constitution. The court added that the official pace to deal with the problem is “extremely slow” and there is no creativity shown in addressing it.

In a facility, where more than 100 cars can be parked, parking guidance and information systems should be compulsorily used. The court said in transport hubs, like bus depots, railway stations, metro stations and airports, there should be adequate facilities for parking and emphasis should be on ‘drop-and-go’ arrangements.

“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,” the judgment added.

Pedestrian priority

The judgment directed the New Delhi Municipal Council, North Delhi Municipal Corporation, South Delhi Municipal Corporation, East Delhi Municipal Corporation and Delhi Cantonment Board to clear pavement from encroachers for pedestrian use.

It ordered the draft rules of the Delhi Maintenance and Management of Parking Places Rules of 2019, to be notified before September 30. The 2019 Rules envisage area parking plans and give priority to pedestrians or cyclists followed by mass public transport, emergency vehicles and others.

“The persons who have encroached upon 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 court directed.

It said the pilot project in Lajpat Nagar area under the Rules should continue for three month. Similar projects should be started in Krishna Nagar and Kamala Nagar areas within two weeks. A report has to be submitted by December 30.

The court posted the next hearing in January 2020 to evaluate the progress made.

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