Khan Market Traders Association & … vs Uoi & Ors. on 28 July, 2011

*                   THE HIGH COURT OF DELHI AT NEW DELHI

%                                Judgment delivered on: 28.07.2011


+                   LPA No. 565/2011 and C.M. No. 12189/2011


KHAN MARKET TRADERS ASSOCIATION & ANR.               ...... APPELLANT


                                    Vs


UOI & ORS.                                           ..... RESPONDENTS


Advocates who appeared in this case:

For the Appellant   :    Mr. Sanjeev Sachdeva, Advocate for the appellant
                         with Mr. Sanjiv Mehra, President and Mr. Brij
                         Khosla, Vice President.
For the Respondent:      Mr. Jatan Singh and Mr. Kunal Kahol, Advocate
                         for respondent No.1/UOI.
                         Mr. Pinaki Misra, Sr. Advocate with Ms. Madhu
                         Tewatia and Mr. Arjun Pant, Advocates for
                         respondent No.2 and 3.

CORAM :-
HON'BLE MR JUSTICE SANJAY KISHAN KAUL
HON'BLE MR JUSTICE RAJIV SHAKDHER

1.     Whether the Reporters of local papers may
        be allowed to see the judgment ?
2.     To be referred to Reporters or not ?
3.     Whether the judgment should be reported
       in the Digest ?

SANJAY KISHAN KAUL, J (ORAL)

       Admit.

       Learned counsel for Respondent Nos. 2 and 3 accepts notice.

       Respondent Nos. 1 and 4 are proforma parties and remain

unrepresented before us.


LPA 565/2011                                                  Page 1 of 5
        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 `5,34,207/- in case they were

interested in managing the car parking in and around Khan Market.

       In the appeal before us an endevour 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

LPA 565/2011                                                     Page 2 of 5
 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:-

1.     The map of the area is placed on record which is exhibited as

       Ex.A.

2.     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.

3.     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.

4.     The internal car parking of Lok Nayak Bhawan will not form a

       part of this parking area.

5.     The responsibility and liability to pay monthly charge of

       `5,34,207/- would be that of the petitioner association.

LPA 565/2011                                                 Page 3 of 5
 6.     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.

7.     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

LPA 565/2011                                                        Page 4 of 5
 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.



                                            SANJAY KISHAN KAUL, J.

JULY 28, 2011 RAJIV SHAKDHER, J.
ak
LPA 565/2011 Page 5 of 5