HC refuses to pass direction on removal of encroachment as SC issued guidelines

The Delhi High Court has refused to pass any direction to the authorities to remove encroachments from public land and frame a comprehensive parking policy for the national capital.

The high court said the Supreme Court has already issued guidelines in this regard, especially to draft rules for maintenance and management of parking places.

"We see no reason to monitor this case. The Supreme Court has already issued guidelines, especially to draft the Rules for the maintenance and management of parking places. Rules pertaining to the parking policy have to be finalised by the respondents (Delhi government and civic bodies). With these observations, this writ petition is hereby disposed of," a bench of Chief Justice D N Patel and Justice C Hari Shankar said.

The court was hearing a petition by Manu Mishra, an advocate, seeking direction to the authorities and other road owning agencies to remove all encroachments affecting the freedom of movement and right of way.

The plea sought that the authorities be directed to frame a comprehensive parking policy for Delhi within a reasonable time-frame with special emphasis on the main roads and strict penal actions and heavy fines be imposed to ensure proper parking of vehicles.

It also sought for proper maintenance of infrastructure concerning roads, dividers, footpaths, crossings and signages.

The high court was informed by additional standing counsel of Delhi government Sanjoy Ghose that in M C Mehta's case, the apex court had passed an order on September 2 dealing with all the prayers of this petition and hence, no further directions are required to be passed as the Supreme Court is monitoring this case.

The apex court, in its order, had directed the New Delhi Municipal Corporation, Municipal Corporations of North, South and East Delhi and Delhi Cantonment Board to ensure that the pavements in the residential areas are cleared from encroachments and ensure that the pavements are made usable by pedestrians.

It had said the persons who have encroached upon the pavements shall be given notice of 15 days to remove the encroachment and in case they fail to do so the encroachment shall be removed by the municipal authority at the cost of the encroacher which shall be recovered as arrears of land revenue.

It had also directed that the draft rules of the Delhi Maintenance and Management of Parking Places Rules 2019 be notified at the earliest and not later than September 30.