The Delhi High Court has issued notice on a plea seeking directions to the respondents to clear the unauthorized parking on both sides of Sat Guru Ram Singh Marg starting from Kirti Nagar to Zakhira and issue challans to the vehicle owners concerned.
The petition, filed by law student Muskan Malhotra through Advocates Gagan Gandhi and Mohit Kaushik, further sought a direction to the Delhi Government to install no parking signboards on the road from Kirti Nagar till Zakhira.
Considering the plea, a single-judge bench of Justice Rekha Palli issued notice to the respondents and posted the matter on March 31, 2022.
According to the petitioner, the aforementioned unauthorized parking causes petitioner to spend more time commuting and is violative of her fundamental right to clean and healthy environment and the petitioner is deprived of effective access of the said road due to unauthorized parking of vehicles in the centre of the road.
The petitioner stated that she has filed complaints to the Commissioner, North Delhi Municipal Corporation (NrDMC), Deputy Commissioner, North Delhi Municipal Corporation (NrDMC), Deputy Commissioner of Police (Traffic), Joint Commissioner of Police (Traffic), Delhi Pollution Control Committee (DPCC) but no reply received was received nor any action taken by the Authority.
Later, the petitioner filed a RTI application to know the status of the complaint which replied that her complaints have been transferred to different authorities.
Therefore, the petitioner has approached the High Court on the following grounds:-
A. Because the vehicles are being parked in violation of Rule 15 of the Rules of the Road Regulations, 1989.
B. Because the street or pavement are public property which are intended to serve the convenience of the general public and its use for private purposes frustrates the very objective for which they are carved out from portions of public roads.
C. Because the parking of vehicles on the road is a permanent obstruction to free passage of traffic and no one has the right to make use of public property for their private purpose without the requisite authorization from the competent authority.
D. Because the parking of vehicles on both sides of the road is in violation of section 122 of The Motor Vehicles Act,1988.
E. Because the parking of vehicles on both sides of the road is in violation of section 127(2) of The Motor Vehicles Act,1988.
F. Because the Deputy Commissioner of Police has failed to remove the obstruction on the road namely “Sat Guru Ram Singh – Marg ” in the nature of parking of vehicles on both sides of the road.
G. Because the respondent authorities failed to take any action in order to protect the legal, fundamental and statutory rights of the Petitioner and are therefore liable to be intervened by the High Court.