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'Right To Free Movement Will Be Affected": Delhi HC Orally Observes On Plea To Stop Car Registration Without Proof Of Parking; Seeks Status Report
LIVELAW NEWS NETWORK
26 April 2022 2:00 PM GMT
The Delhi High Court on Tuesday observed that it has to strike a balance between the right of general public to access footpaths and public spaces and the right of people who don't have access to dedicated parking space to have their own vehicle.The observation was made by a bench comprising Acting Chief Justice Vipin Sanghi and Justice Navin Chawla while hearing a PIL concerning traffic...
The Delhi High Court on Tuesday observed that it has to strike a balance between the right of general public to access footpaths and public spaces and the right of people who don't have access to dedicated parking space to have their own vehicle.
The observation was made by a bench comprising Acting Chief Justice Vipin Sanghi and Justice Navin Chawla while hearing a PIL concerning traffic and parking issues in the national capital, seeking directions to the Road Transport authority not register four-wheeler vehicles without proof of availability of parking space by the owner.
The Petitioner's counsel had sought notification and implementation of Rule 9 of the Delhi Maintenance and Management of Parking Places Rules, 2019. It provides that from the date of an appointed day, notified at least three months in advance, the permits of Transport Vehicles shall be granted or renewed only upon submission of proof of parking space for such vehicles. However, the date of implementation is not yet appointed.
It was also highlighted that the problem is only growing since as of 2019, 2,000 - 3,000 vehicles are registered everyday in the city, which are blocking the roads.
While the Bench said it is alive to the issue, it observed that private vehicles are growing because of poor condition of public transport.
"It's a complex problem, because public transport is not sufficient to support their needs. Growing traffic does not mean public transport won't pick up. If good services are available, people will use it. There are many issues of quality, last mile connectivity, etc. The weather conditions are such, if you go from the metro station to the office, you will be drenched."
It added that if the solution suggested by the Petitioner is implemented,
"People without dedicated parking space will be denied to own their own vehicle. Right to free movement will be affected..."
However, the Petitioner's counsel insisted that the current state of affairs affects people's right to enjoyment of public space. He added that the relief sought by the Petitioner is already enacted but falls short of notification.
Accordingly, the Court ordered the counsel for Delhi government to seek instructions in this regard and file a status report. The authority has been specifically asked to consider the feasibility of notifying Rule 9 of the 2019 Rules.
The matter will be taken up on August 29.
Case Title: AMAL SHARMA v. GNCTD
