The central legal point established in the judgment is the court's emphasis on addressing parking issues and traffic congestion, ensuring compliance with MPD-2021 guidelines, and the respondents' assurance to resolve the parking issue.

JUDGMENT :

CM No.6325/2020

1. The present writ petition is filed by the petitioner Association seeking to revoke the process of e-auction of the commercial plots No. G-2, G-4 and plot No. G-1 at District Centre, Netaji Subhash Place, New Delhi. Reliefs are also sought to issue an appropriate mandamus to the respondents to provide detailed design of surface, multilevel parking and street parking facilities along with the indicative locations of pedestrian areas, vendors, public amenities, toilets, green space, etc. and to follow the guidelines framed by the new MPD-2021.

2. CM No. 6325/2020 is filed by the petitioner seeking stay of the operation of complete process of e-auction of the above noted commercial plots through online bearing dated 17.02.2020 by DDA till the pendency and disposal of the writ petition.

3. On 19.02.2020, this court had passed the following order:-

“1. The petitioner association is aggrieved by the fact that the subject plots are being put to auction without addressing the problems of the traders and the occupants of the area vis.-a-.vis. traffic.

2. Insofar as the DDA is concerned, it shall deal with the pending representations of the petitioner association and the occupants. For this purpose, DDA will invite the representatives of the petitioner association and the resident/occupants for hearing.

3. The DDA will also take inputs from the experts to ease the traffic congestion in the subject area. In this behalf, the experts will be called upon to give their opinion concerning not only how to manage the traffic congestion in the subject area as it obtains currently but also how it is to be managed in the future as well given the increase in traffic density.

5. This exercise will be completed by the DDA within six weeks from the receipt of a copy of this order. Pending this exercise, while the auction process can go on, it will not be confirmed without permission of the Court.

6. For the aforesaid purpose, the officers of the North Delhi Municipal Corporation as well as Traffic Department of Delhi Police can also be called by the DDA for providing their inputs.

……”

Hence the above order put a partial restraint on auction of the three plots in question.

4. DDA has filed CM No. 25907/2020 stating that the directions issued by this court vide order dated 19.02.2020 have been complied with by DDA as they have passed a speaking order dated 11.09.2020. It is stated that the writ petition be dismissed and the interim order be vacated.

5. In the accompanying writ petition, it is stated that the petitioner Association including the occupants and daily visitors of the said area are facing problem of scarcity of parking space at the Netaji Subhash Place, District Centre. The said area is extremely crowded with heavy footfalls of visitors on a regular basis due to various small and large corporate offices, MNCs, Banks, hospitals, etc. The parking system at Netaji Subhash Place is not managed properly on account of small parking places due to which the occupants/employees/clients/visitors suffer a lot. Representations were sent to DDA on 23.12.2010 and 05.05.2014.

6. It is further pleaded that despite such an alarming situation, respondent No. 1-DDA is bent upon making the auction of vacant commercial plots to general public which may result into more impediments, harm and congestion in the area. In fact, the respondent should have considered to convert the said commercial plots into proper multilevel parking lots or automated parking to accommodate the public at large to park their vehicles. It is stated that on completion of the auction of the commercial plots and upon further construction in the said area, the same will lead to toxics fumes, chemicals and oils, etc. severely affecting air, water quality and public health. There is already a shortage of parking, lack of water, green area, proper infrastructure, etc. The authorities should take a decision after inviting proposals, representations and suggestions from the area oc