In a landmark judgment, the Delhi High Court has ruled that people who own flats in group housing societies in the Capital are entitled to only one car parking slot. Parking of vehicles in open spaces amounts to encroachment, the court said.
The verdict came earlier this week after a Division Bench of the court dismissed a writ petition filed by a city resident seeking access to more than one parking slot as he had four cars. Further, the Bench fined the petitioner Rs.1 lakh as he had wasted valuable judicial time on the “completely unwarranted” case.
The Bench, comprising Justice Gita Mittal and Justice I.S. Mehta, said residents of housing societies had to ensure free passage for emergency vehicles like fire tenders and ambulances and the security of others living there while parking vehicles inside.
Parking a vehicle in an open area renders that space unusable by others and even “transient parking” in any open area amounts to encroachment, ruled the court in its 33-page judgment.
The petitioner, Anup Mittal, had challenged the charges levied on him by his society for parking three of his cars inside the society, though he had licence to park only one in the basement. The court said the society did not have the authority to change the sanctioned plan or permit the change of use of any portion of the plot that would tantamount to variation of the building by-laws.
“Mindless assertion of non-existent entitlements to accommodate such acquisitions (cars) despite the same being contrary to law, adversely impacts constitutional rights of others and results in environmental degradation,” observed the court.
The Bench also invoked Mahatma Gandhi to emphasise that the purchase of private vehicles must be guided by need, not by greed. “Earth provides enough to satisfy every man’s need, but not every man’s greed,” the court said while citing Mahatma Gandhi.
Referring to the impact of additional cars on the environment, the court noted that the Delhi government had tried to bring pollution levels down through the odd-even scheme and car-free days. The parking of excess cars also reduced open spaces underneath them for rain water harvesting, said the court, while adding that parking in common areas encroached upon the constitutional rights of those residents of societies who had either one car per flat or none at all.
The Bench invoked Gandhiji to emphasise that purchase of private vehicles must be guided by need, not by greed
