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2015 DIGILAW 916 (GAU)

DIPAK KR. DAS v. STATE OF ASSAM

2015-07-27

K.SREEDHAR RAO, P.K.SAIKIA

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JUDGEMENT : Sri K. Sreedhar Rao The petition concerns with providing car-parking space in the busy market localities in Guwahati. The counsel for the petitioner has proposed the following suggestions. (i) Construction of a car-parking lot in the Panbazar area. (ii) The old Guwahati Jail premises be earmarked for a car-parking space. (iii) Under the Athgaon flyover a car-parking space be provided. (iv) On A.T. Road a car-parking space be provided. (v) A car-parking space on the road from Guwahati Club to Chandmari and Noonmati to Birkuchi be provided. (vi) Shifting of the GMC office to some other place. (vii) A car-parking space in the Uzanbazar area by shifting the bazaar to some other place. 2. In respect of the first suggestion the govt. advocate submits that the government is working on it and the construction is in progress. 3. In respect of the second suggestion the govt. advocate submits that the government has taken action and has earmarked the old Guwahati Jail premises for a car-parking space. 4. In respect of the third suggestion the govt. advocate submits that the suggestion offered would be considered. 5. In respect of the fourth suggestion the govt. advocate submits that consultations would be made with the traffic police to find out feasibility of providing a car-parking space on AT Road. 6. In respect of the fifth suggestion the govt. advocate submits that this suggestion is impractical and no immediate solution is possible. 7. In respect of the sixth suggestion the govt. advocate submits that the GMC office is centrally located and it is for the convenience of the general public therefore the suggestion to shift the GMC office is not practical and possible. 8. In respect of the seventh suggestion it is submitted that the suggestion is impractical. Uzanbazar is a market place. The road is small. The market cannot be shifted. 9. We find the following legal question cropping up for consideration. Whether the car owners can insist legally for providing them sufficient car-parking space in all the market places in Guwahati. 10. On deep consideration we find that there is no legal right for the car owners to insist sufficient car-parking space in all places in Guwahati. After all Guwahati is a growing city. The car population is also rapidly growing on account of the boost given to the automobile industry and liberal loan lending by the banks. 10. On deep consideration we find that there is no legal right for the car owners to insist sufficient car-parking space in all places in Guwahati. After all Guwahati is a growing city. The car population is also rapidly growing on account of the boost given to the automobile industry and liberal loan lending by the banks. Owning a private car for transportation is indeed a luxury. There is no legal duty or responsibility on the part of the state authorities to provide parking space for private cars in all places. It is understandable that some areas should be provided but there is no corresponding right on the owners of private cars to insist car parking space in all places to the detriment of the general public. The private car owners cannot invoke Article 21 of the Constitution of India. If there is no parking space in the locality the private car owner should have facility of a chauffeur for their transportation to the locality for a drop and pick up. The public offices like Guwahati Municipal Corporation and the market places like Uzanbazar are located since several years for the convenience of the public. Just for the benefit of a few private car owners it is impermissible to give any direction for shifting of the GMC office and the Uzanbazar market. 11. In view of the above observations the writ petition is disposed of.