Car parking: India

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Parking vehicles outside one’s home

Charging fee is absurd: SC/ 2019

AmitAnand Choudhary, March 7, 2019: The Times of India

The Supreme Court disapproved of the proposal to charge residents for parking cars outside their houses in residential colonies, saying such a policy was not feasible and impractical to implement.

“How practical it is that one cannot park car outside his residence? Can it ever be implemented? How can you restrain people from parking their vehicles beside their houses?” a bench of Justices Arun Mishra and Deepak Gupta said.

A new parking policy —‘Delhi Maintenance and Management of Parking Rules, 2017’— was framed on the direction of the apex court but the Delhi government dropped controversial provisions which stated that parking in residential colonies would be allowed only in demarcated areas on public spaces against parking charges. The government also did away with the provision which said parking for commercial establishments in residential areas shall be separately marked and charged.

Challenging the Delhi government decision, advocate Aparajita Singh, who is assisting the court as amicus curiae, said that deletion of the provisions on residential parking would make the policy toothless and will allow for free parking to car owners. Referring to EPCA report, she contended that the Delhi government should be directed to notify the Rules without deleting the provisions.

Although the bench said it was a matter of concern that people are parking cars on roads and pavements in residential areas, it, however, said charging residents for parking cars in their colonies would not be feasible. The court said there was need to reexamine the issue afresh and directed that a meeting of all parties concerned and authorities be convened to discuss the issue.

“It is a nonsense rule. It has to go. It is absurd and it will create law and order problem,” the bench said.

“Let joint meeting of EPCA, municipal bodies, Delhi transport department, Delhi Police and all functionaries concerned be convened within 15 days to discuss the issue of parking in residential and commercial areas keeping in mind the present and future requirement of Delhi,” the bench said.

The court asked all the authorities to apply their mind and place a proposal before it by March 29. It also asked the NCT government to explore the possibility of building multi-level parking in different parts of the city. EPCA in its report in the SC favoured levying of charges for parking in residential areas.