Whose Streets? That Parking Spot Outside the House Isn’t Really Yours

Delhi Police has begun a fresh congestion-management plan, while the wider debate over roadside parking has highlighted that residents do not have an exclusive right over the public road outside their homes.

Ownership of Public Street

• A public street does not belong to the adjoining homeowner, even if the house gate opens directly onto it.
• Under the Delhi Municipal Corporation Act, 1957, public streets vest in the Municipal Corporation and remain under public authority control.
• A homeowner has no exclusive right over the road outside the property merely because it lies next to the house.

Parking Lawful, but Regulated

• Parking a vehicle on a public road is not automatically illegal, but it remains subject to government regulation.
• Under the Motor Vehicles Act, 1988, authorities can designate places where vehicles may stand permanently or for specified periods.
• Vehicles cannot be parked in a way that creates danger, obstruction or inconvenience to other road users.
• Vehicles abandoned or left unattended in violation of parking rules can be towed or immobilised.

Curbside Parking

• The road outside a residence belongs to the public authority, which decides and regulates curbside parking.
• Delhi rules prohibit parking within 25 metres of intersections, on or near road bends and in areas such as footpaths, parks and bus stops.
• Local authorities can frame Area Parking Plans in consultation with Resident Welfare Associations for residential neighbourhoods.

What the Court Has Said

• In M.C. Mehta v. Union of India (2019), the Supreme Court highlighted the conflict between rising vehicle numbers and limited road and parking space.
• The Court stressed the need for effective parking management because poor parking practices contribute to congestion, pollution and crime.
• It recognised that some older residential colonies may lack sufficient private parking and may therefore require regulated on-street parking.