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4. It is also stated that there are many squatters squatting on the pavements and foot-paths and even on roads thereby compounding the problems.

5. It may be mentioned at this stage that the respondents do not deny existence of the problem as highlighted by the petitioners in this writ petition. There is no denial of the fact that there is inadequate space for parking and area in question being an important commercial area, all kinds of vehicles not only enter the area, they remain parked here with the result obstruction to free flow of other vehicles as well as movement of pedestrian is caused. The problem of traffic congestion has, therefore, become a perennial problem. One way to tackle the problem as suggested by learned counsel for the MCD is to create additional multi-level parking facilities at whatever available spaces / buildings possible. This is, however, a policy decision for which detailed and thorough discussions and deliberations are required by the governmental authorities at all level. We can only hope and trust that solution to this problem by creating the possibilities of additional multi-level parking facilities would be considered by the authorities at appropriate level.

7. It is the function of the Traffic Police to enforce the compliance of the aforesaid provisions. Interestingly Deputy Commissioner of Police/Traffic, Northern Range who has filed affidavit on behalf of the respondents 3 and 4 has also acknowledged the problem of traffic as demonstrated by the petitioner. However, he denies the magnitude thereof. In the affidavit it is emphasised on behalf of respondents 3 and 4 that mostly the problem pertains to land grabbing undertaken by traders of automotive parts and transporters. Insofar as the problem of traffic is concerned, it is stated that there is prohibition for all the 24 hours for HTVs and MTVs on Hamilton Road and Morigate road and also there is prohibition of HTVs and MTVs on Nicholson Road from 7.30 a.m. to 9.30 p.m. Further the LTVs are prohibited from 8,00 a.m. to 11.00 a.m. and 5.00 p.m. to 9.00 p.m. on Jorawar Singh Marg, Lothian Road and Nicholson Road Kashmiri Gate.

(During the drive against unauthorised and obstructive parking, ACP Traffic North Distt. Shri Tom Choun himself participated personally and he in a week long drive got the area cleared up.

In the meeting at PS Kashmiri Gate the representatives of residents welfare associations, traders associations etc. have appreciated the initiative and the action of traffic police whole. Even the petitioner No. 2 was informed about this fact which he has admitted in his supplementary affidavit.

9. No doubt Traffic Police is trying to ameliorate the situation and has taken various steps in this direction as pointed out above. However, fact remains that problem still continues to exist and the ground realitied are far from satisfactory. Whereas it cannot be denied that because of illegal parking of the vehicles there is obstruction to the free movement of the traffic for which traders are to be blamed, on the other hand Mr. S.N. Kumar, learned senior counsel appearing for Traders Association pointed out that there is much encroachment on the pavements and foot-paths which is leading to the problem. He referred to various photographs filed showing illegal kiosks which were existing and many persons were squatting on the roads as well as foot-paths. It was his submission that the problem had been aggravated because of such encroachments. His submission was that tehbazari guidelines issued by MCD were not being adhered to.

The aforesaid discussion brings into focus twin issues, namely,:

1. Problem of illegal parking leading to restriction of movement of traffic and kiosks.
2. Illegal encroachment on foot-paths and roads by squatters and other by constructing kiosks etc.

10. Insofar as first problem is concerned, the same has already been addressed to by us. As already pointed out above notwithstanding the efforts put in by the Traffic Police, problem still persists and the only explanation could be that what is stated on papers by the Traffic Police is not enforced in all earnestness. Provisions in the form of Regulations also exist.