New Delhi: The Delhi Court, while refusing to interfere with a plea claiming parking in front of his house and shop by some locals of the colony was unlawful, has said that the absence of dedicated parking spaces in residential colonies in the city is a civic issue that requires a policy-based response from municipal authorities rather than judicial intervention in individual disputes.
Court cannot address broader urban infrastructure deficiencies, nor can it single out certain individuals: High Court
Justice Sanjeev Narula, in a recent judgment, said that the court cannot address these broader urban infrastructure deficiencies, nor can it single out certain individuals when the problem is endemic to the city at large.
The petitioner claimed that the unauthorized parking obstructs their ingress and egress to their property.
The High Court, while taking note of the photographs annexed to the petition, said that the vehicles in question appear to be parked in a public street or gali, which, by its very nature, is a public thoroughfare accessible to all members of the community .
Issue arises from a broader urban challenge rather than a specific illegal act necessitating immediate police intervention: High Court
“While this may cause inconvenience, it is important to acknowledge that the issue arises from a broader urban challenge rather than a specific illegal act necessitating immediate police intervention. The problem described by the Petitioner i.e., the parking of vehicles in narrow residential lanes—reflects a common predicament faced by many urban residents in Delhi, particularly in densely populated localities with limited infrastructure to accommodate the growing number of private vehicles,” the High Court said.
Issue is symptomatic of a larger urban planning failure: High Court
“This issue is symptomatic of a larger urban planning failure, where colonies were developed without sufficient foresight regarding parking facilities, leaving residents with no alternative but to park in the streets. In this context, the Court must exercise restraint before intervening in such a complex issue. The Court cannot address these broader urban infrastructure deficiencies, nor can it single out certain individuals when the problem is endemic to the city at large. The absence of dedicated parking spaces in residential colonies is a civic issue that requires a policy based response from municipal authorities rather than judicial intervention in individual disputes,” the High Court added.
Parking in public streets is a reality in most residential areas across city due to lack of alternative options: High Court
The High Court further said that while the petitioner has attempted to cast this as a law enforcement issue involving the local police, the court is not persuaded that this is a matter that demands the resources of the police authorities at this juncture.
“Parking in public streets is a reality in most residential areas across the city due to the lack of alternative options. Any resolution to this matter must necessarily involve a comprehensive planning by the relevant urban authorities, such as the municipal corporation, RWA(s) and police department, which are better equipped to handle issues of urban mobility and street management,” the High Court said.
