The Court emphasized the limited scope of judicial review in policy matters and the need for a uniform parking policy based on expert opinions and policy considerations.

S. Muralidhar, J.

1. The decision by Respondent No. 2 New Delhi Municipal Council ('NDMC') to stop the free parking facility in Khan Market, New Delhi and introduce paid parking by inviting tenders is challenged in this petition by the Khan Market Traders Association ('KMTA'), Petitioner No. 1, and its President Mr. Sanjeev Mehra, Petitioner No. 2.

2. KMTA states that it is an association of traders of Khan Market since 1950. There are around 156 shops in Khan Market apart from 74 flats' on the first floor which by and large are being used for commercial purposes. Then there are 53 shops in the Prithviraj Lane Market ('PR Market'), 40 shops in the Lok Nayak Bhawan and 21 in the Mini Khan Market. KMTA states that the system of free parking in Khan Market has worked well. KMTA has 25 attendants managing the parking lot. The entire fund of the attendants is being collected by them by way of contributions from the shopkeepers. Due to shortage of space, KMTA had been asking NDMC and other authorities to allot more space for parking.

3. KMTA states that a proposal mooted by the NDMC in 2001 to have paid parking was dropped after the KMTA protested. Similar proposals in 2004 and 2006 were likewise dropped. On 18th January 2011, the NDMC wrote to the Land & Development Office ('L&DO') in the Ministry of Urban Development ('MoUD') requesting the latter to expedite the allotment to the NDMC of a plot of land measuring 3250 sq. m. in the vicinity of Khan Market "for construction of a mechanized multi-level car parking lot." In response thereto, on 22nd February 2011 the L&DO wrote to the Chairman, NDMC on the subject of 'traffic congestion and parking problems in Khan Market area.' Inter alia, it was suggested that developing the Khan Market area as a community centre with a multi-level parking should be undertaken in a phased manner. The NDMC was asked to finalise a comprehensive re-development plan in consultation with the Chief Architect of the CPWD. The KMTA on 12th March 2011 wrote to the Chief Minister, Government of National Capital Territory of Delhi ('GNCTD') requesting her intervention with the MoUD to allot the piece of land at the end of Amrita Shergil Marg opposite the Bible Bhawan for the purpose of a multi-level car parking facility.

4. The Environment Pollution Control Authority ('EPCA') set up under Section 3 of the Environment (Protection) Act, 1986 on the orders of the Supreme Court, mooted the idea of paid parking at Khan Market. This was pursuant to reports it had submitted to the Supreme Court between 2004 and 2006 in a public interest litigation concerning air pollution in Delhi. At a meeting held on 5th March 2011 the EPCA reviewed the progress of implementation of a direction issued by it at a previous meeting held on 26th February 2011 on the issue of parking problems in Khan Market. The minutes of the meeting held on 5th March 2011, a copy of which has been enclosed with the affidavit of the EPCA in the present petition, refers to the opinion of the EPCA that "till the solution to parking problem is provided by the NDMC, CPWD/L&DO the free parking in Khan Market must stop."

5. On 22nd March 2011, KMTA represented to the NDMC that it should not levy any kind of parking fee "under the pressure of EPCA." KMTA apprehended that if paid parking was permitted, it would lead to spill over of cars to the arterial roads leading to inconvenience and nuisance being caused to the neighborhood colonies. It was pointed out that wherever a contractor was managing the parking "there has been rampant encroachment by hawkers, vendors and beggars." Further, the contractors tended to maximize their profits by over-crowding parking lots. The NDMC was therefore requested to review its decision to go in for paid parking. A similar representation was made to the EPCA.

6. With the NDMC proceeding to float a tender for parking lots in several areas including Khan Market, the present writ petition was filed praying, inter alia, for a wr