M. C. MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) Modern conveniences bring with them their own problems. One of the most important conveniences of the industrial age is motor transport. This has brought with it many problems but we may highlight only two:- (1) pollution and (2) parking space. It is the problem of parking which we seek to address in this order.

(2.) A vehicle, whether be it a motor car, bus, three-wheeler, scooter or a small scooty, transports one or more individuals from one place to the other. Once passengers /occupants of the vehicles have been taken to their destination, the vehicle in question has to be parked. This requires a lot of space, a lot of planning, a lot of infrastructure and a lot of money. The tendency of individuals is to save as much money as possible and not pay anything for parking.

(3.) Till the late 1970s motor cars were the prerogative of the rich. Most people who could afford motor cars lived in houses with drive-ways and garages. But as the economy of the country has improved and the earning capacity of people has risen there are more and more vehicles on the road. At the same time due to paucity of space and the astronomical rise in land prices the size of dwelling houses has become smaller and smaller. The biggest casualty in this conflict between increasing number of cars and dwindling availability of land is "parking space" for vehicles. Even in those houses which had garages, these were converted to rooms utilised for other purposes. Then cars started getting parked in drive-ways but as the number of members of the households expanded, from drive-ways the cars have now spilled over to the roads outside the house. This is not the only problem. The municipal authorities, for reasons best known to them, without carrying out any study with regard to the carrying capacity of the colonies/areas/towns/cities/metropolises are permitting additional constructions including additional floors in these colonies. Setbacks are being decreased or abolished. The constructed area is rising vertically and horizontally. Resultantly where, about 50 years ago, there was a single storey house with one family and one car, there is now a four storey- structure, if not higher with may be 8 flats and 16 cars if not more. This has created many problems and one of the most serious problems is that of parking.