New Delhi, Sep 19 (PTI) Absence of dedicated parking spaces in residential colonies is a civic issue which requires a policy-based response from municipal authorities rather than judicial intervention in individual disputes, the Delhi High Court has said.
The high court’s observation came as it refused to interfere with a plea in which a petitioner claimed that parking of vehicles in front of his house and shop was unlawful.
The high court said the problem raised by the petitioner about the parking of vehicles in narrow residential lanes reflected 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.
“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,” Justice Sanjeev Narula said in a recent judgment.
The court said it 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,” it said.
The petitioner woman alleged that the narrow public street in front of her house and shop in Molarband Extension in Badarpur was being utilised for parking vehicles by certain residents of the same locality.
She sought a direction to the authorities to take action against “illegal” parking in the lane and remove the unauthorised vehicles parked there.
The court noted that the petitioner claimed unauthorised parking obstructs her ingress and egress to her property. However, from the photographs, the vehicles appeared to be parked in a street which is a public thoroughfare accessible to all members of the community, it said.
The court said 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 court said while the petitioner has attempted to cast this as a law enforcement issue involving the local police, it was not persuaded that this was a matter that demanded 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,” it said.
The court added this was not a case where judicial intervention under the constitutional writ jurisdiction was warranted.
The matter primarily involved urban planning issues and private nuisance claims which must be addressed through appropriate other civil remedies, it said. PTI SKV SKV SK
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