AMRIT ROAD TRANSPORT CORP Vs. MCD

JUDGEMENT

(1.) THE present writ petition is filed by the petitioners praying inter alia for directions to the respondents to refrain from using the areas allocated for parks and community Centre in Sanjay Gandhi Transport nagar, for the purposes of running a paid parking site for vehicles in terms of the notice issued by Respondent No. 3, enclosed with the writ petition as annexure-P2, at page 36.

(2.) COUNSEL for the petitioners submits that based on the aforesaid notice, the respondent No. 3, who was awarded the contract by respondents no. 1 and 2, has put barricades for taking possession of the area allocated to it for running a paid parking site for vehicles and is demanding parking fee from the petitioners. The contention of the petitioners is that the land in question is earmarked for parks and community facilities and cannot be appropriated for any other use. It is further stated by the petitioners that they have a proprietary right over the land on which, they park trucks and cars as the said land is abutting the plots allotted to them.

(3.) A counter affidavit was filed by the respondent no. 1, MCD on 09. 11. 2006 wherein it was stated that an open auction was held in respect of the parking sites with the approval of the competent authority and the truck parking site at Sanjay Gandhi Transport Nagar, Delhi -110042 was allotted to respondent No. 3, for a period of one year, ending on 12. 06. 2007. However, in view of the order dated 04. 07. 2006 whereunder, the respondents were directed not to give effect to or raise any demand pursuant to the impugned notice (Annexure P2), no amount was demanded from the petitioners and other transporters for parking. The respondent admitted that though the land in question was to be used for community facilities and parks but till the time the community centre would be constructed and the parks be developed, the area is being used for the purpose of parking alone.