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Judgment
Sanjay Kishan Kaul, J.—Admit.
Learned Counsel for Respondent Nos. 2 and 3 accepts notice.
Respondent Nos. 1 and 4 are proforma parties and remain unrepresented before us.
The dispute in the present case pertains to the issue of parking of vehicles in and around Khan Market area. The Petitioner association is desirous of maintaining status quo in areas where the association manages parking at no cost to customers who visit the market. On the other hand, NDMC is interested in earning revenue from parking of cars in the area in and around Khan Market (which includes the area managed by the Petitioner association) by tendering it to a contractor.
In terms of the impugned order of the learned Single Judge dated 3rd June, 2011, the Petitioner association obtained partial relief inasmuch as the Petitioner association was given an opportunity to compensate NDMC for possible revenue loss on account of non-introduction of paid parking. The learned Single Judge for this purpose gave time to the Petitioner association to pay NDMC a monthly license fee of Rs. 5,34,207/- in case they were interested in managing the car parking in and around Khan Market. In the appeal before us an endeavor was made to settle this dispute, which was actually not adversarial in nature as NDMC was interested in getting its license fee, while the Petitioner association was desirous of maintaining free parking in the area in the interest of its customers.
The problem, however, which arose in arriving at a settlement was that the Khan Market parking area consists of four Sub sets which include Main Khan Market, Prithvi Raj Lane Market, Lok Nayak Bhawan Market and Mini Khan Market; and therefore, while the Petitioner association was willing to pay the license fee to the NDMC, the traders of Prithvi Raj Market, Lok Nayak Bhawan Market and Mini Khan Market are apparently unwilling to contribute for one reason or the other. Resultantly, the liability, of bearing license fee by the Petitioner association became rather cumbersome.
We have attempted to break the logjam with the assistance of learned Counsel for the parties. An amicable resolution of the dispute has been found; the terms of its settlement are as under:
The map of the area is placed on record which is exhibited as Ex.A.
The parking area marked in red and defined as A and B shall be kept as free car parking area leaving it to the Petitioner association to formalize the mode and manner of keeping the parking area free with the involvement of its members.
The Petitioner will be entitled to charge for parking area around Khan Market. However, in case, the shopkeepers of the other three markets agree to contribute to the Petitioner association it will be open to the Petitioner association to provide free parking even in those areas.
The internal car parking of Lok Nayak Bhawan will not form a part of this parking area.
The responsibility and liability to pay monthly charge of Rs. 5,34,207/- would be that of the Petitioner association.
The Petitioner association would pay the license fee in advance by the 7th day of each month of the English calendar year. This license fee will be payable from the month of August, 2011.
One month''s license fee already deposited by the Petitioner association shall now be retained by NDMC as security. No other security will be called from the Petitioner-association in view of the fact that parking in areas indicated in the appended site plan ''A'' is being looked after by local traders through the aegis of the Petitioner-association and not by a contractor; and furthermore, free parking is being provided in the Main Khan Market area, to begin with, at least in the area marked A and B.
We make it clear that in case of any difficulty in implementation of the aforesaid terms of settlement parties will be at liberty to approach this Court in the present case.
Learned senior counsel for NDMC states that permanent solution for the car parking problem can only be dealt with by development of underground/multi level parking; the area for which has been earmarked; which presently we are told is occupied by a gymnasium. The problem of taking over possession, it appears, has been sorted out.
Since, it is a matter of public interest, we consider it appropriate to direct all the authorities concerned, including L&DO to look into this issue on a priority basis, and ensure that in three (3) months period authorities concerned are in a position to float the necessary tender for an underground/multi-level parking.
Learned senior counsel for the NDMC submits that in order to have better management of paid parking in NDMC areas generally, NDMC will affix site plans in each of these parking areas clearly delineating the paid parking area and the number of cars it can accommodate. This would facilitate a check, to be kept by NDMC, on the car parking contractors. The needful be done within a maximum of six weeks from today.
We greatly appreciate the assistance rendered by learned Counsel for the Petitioner and learned senior counsel for NDMC in resolving this issue. We hope that a lasting and working solution has been put in place.
The appeal and all the pending applications, accordingly, stand disposed of as compromised. Both the parties to bear their own costs.
List for compliance on 11th November, 2011.
Dasti to the learned Counsel for both the parties under the signatures of Court Master.