Triveni Apartments Welfare Association v. South Delhi Municipal Corporation And ORS.

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6106/2018 TRIVENI APARTMENTS WELFARE ASSOCIATION ..... Petitioner Through:

Mr. Ayush Sharma, Adv.

versus SOUTH DELHI MUNICIPAL CORPORATION AND ORS.

..... Respondents Through:

Mr. V. Madhukar, Adv. for R1.

Mr. Amish Dabas, Adv. for R2 and R3 with Inspector Rajesh Kumar, for Delhi Police.

SI Pawan Kr., ZO / Hauz Khas, Traffic Circle and SI Ram Tirath, Pairvi Officer, Traffic.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 09.05.2019 1.

On the last date of hearing, this court had directed respondent nos. 2 and 3 to file counter-affidavit. That apart, this court had also directed the learned counsel for the respondent SDMC to take instructions as to how respondent no.1 deals with parking of vehicles for long duration under its rules and regulations.

2.

A photocopy of the status report has been filed today in the court by

respondent nos. 2 and 3 wherein the following has been stated: "That the brief facts of the case are that in the present case Triveni Apartments Welfare Association has alleged that owners of hundreds of commercial vehicles like trucks, trallers and taxis etc. have been illegally parking in and around the residential area of SFS flats of Sheikh Sarai - 1 flats from gate No. C-1 to C-6 and because of which there is no passage for the vehicles to enter the gate No. C-1 to C-6.

It is in this regard humbly submitted that sufficient staff have been deployed by the police, which is regularly taking appropriate action against the offenders and the offenders are being regularly prosecuted, which are found to be illegally parking their vehicles and obstructing in and around the area of Triveni Apartment SFS Flats of Sheikh Sarai -1 flats from gate NO. C-1 to C-6. It is further submitted that sufficient traffic signages of "No Parking" have also been installed in the area. Further „special drives‟ have been conducted on several occasions and are being conducted against the unauthorized parking in and around the areas of Triveni Apartment, SFS flats Gate No. C-1 to C-6 of Sheikh Sarai." 3.

Having considered the stand taken by respondent nos. 2 and 3 that they have taken steps to ensure that there is no unauthorized parking in and around Triveni Apartment, SFS Flats from Gate No. C-1 to C-6, Sheikh Sarai, New Delhi, to that extent the grievance of the petitioner in the writ petition as can be seen from the prayer clause has been met. 4.

During the course of hearing, it has been agreed to by the learned counsel for the petitioner and learned counsel for respondent nos. 2 and 3

that if any commercial vehicles are found parked for long duration in and around the area in question, the members of the petitioner Society shall inform the concerned officer of the Delhi Traffic Police for which purpose, the learned counsel for respondent nos. 2 and 3 has furnished the mobile numbers of the Traffic In-charge of the area concerned as 8750871483 and 9891493700. It is made clear that if the members of the petitioner association find any unauthorized parking of the commercial vehicles for long duration, they shall intimate the officer who shall take action immediately in accordance with law.

5.

A photocopy of the status report filed by respondent nos.2 and 3 has been taken on record. Registry is directed to place on record the copy of the status report.

In view of the above, the petition is closed. V. KAMESWAR RAO, J MAY 09, 2019/jg