M.C. MEHTA versus UNION OF INDIA & ORS.

M.C. MEHTA versus UNION OF INDIA & ORS.

The Court directed implementation of area parking measures and pilot projects to address parking shortages, ordered municipal authorities and the Delhi Cantonment Board to clear pavement encroachments (with 15 days' notice and recovery of removal costs as arrears of land revenue and consideration of discontinuing municipal services to repeat encroachers), directed notification and enforcement of the Delhi Maintenance and Management of Parking Places Rules, 2019 (draft) by specified dates, required the Govt. of NCT to ensure 25-year parking needs assessments before granting building permissions, and directed consideration and reporting on adoption of RFID tags, parking guidance systems and...

Parties
Petitioner: M.C. Mehta; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
02 September 2019
Procedural Posture
Writ Petition (civil) / Order
Outcome
Court issued directions to municipal authorities, EPCA and the Govt. of NCT of Delhi to implement and report on parking measures and adjourned matter for compliance and further directions.
Legal Topics
Parking Policy, Pilot Project for Parking, Public Transport, Encroachment Clearance, Municipal Rule Making, RFID and Parking Guidance Systems
Urban Development Town Planning Environmental Law Transport Law Administrative Law Constitutional Law Parking Policy Pilot Project for Parking +4 more

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Parties

M.C. Mehta

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Writ Petition (civil) / Order

Legal Issues

  1. 1 Whether adequate parking arrangements must be provided at transport hubs, institutional and commercial areas to prevent spill-over into residential areas
  2. 2 Whether municipal authorities must clear footpath encroachments and may discontinue municipal services to repeat encroachers
  3. 3 Whether the draft Delhi Maintenance and Management of Parking Places Rules, 2019 should be notified and enforced

Ratio Decidendi

The Court directed implementation of area parking measures and pilot projects to address parking shortages, ordered municipal authorities and the Delhi Cantonment Board to clear pavement encroachments (with 15 days' notice and recovery of removal costs as arrears of land revenue and consideration of discontinuing municipal services to repeat encroachers), directed notification and enforcement of the Delhi Maintenance and Management of Parking Places Rules, 2019 (draft) by specified dates, required the Govt. of NCT to ensure 25-year parking needs assessments before granting building permissions, and directed consideration and reporting on adoption of RFID tags, parking guidance systems and...

Court Disposition

Court issued directions to municipal authorities, EPCA and the Govt. of NCT of Delhi to implement and report on parking measures and adjourned matter for compliance and further directions.

Orders

  • NDMC, North DMC, South DMC, East DMC and Delhi Cantonment Board to clear pavements of encroachments in residential areas; give 15 days' notice to remove encroachments and on failure remove at encroacher's cost to be recovered as arrears of land revenue; consider framing rules to discontinue municipal services to...
  • Draft Delhi Maintenance and Management of Parking Places Rules, 2019 to be notified by 30.09.2019; list for compliance on 04.10.2019