ANUP JAIRAM BHAMBHANI,J. - (1.) The petitioners seek quashing of Request for Proposal bearing NIT No. EE (PROJECT-II) WZ/TC/2017-18/14 dated 31.10.2017 ("RFP" for short) issued by the respondent by way of Public Notice dated 31.10.2017 inviting bids inter-alia for construction, operation and maintenance of an automated multi-level car parking facility near "J" Block Market, Rajouri Garden, New Delhi. Directions are also sought for restraining the respondent from constructing any automated multi-level car parking facility for the Market at Blocks "F" &"C" (opposite "F" Block government school) or using the plot opposite "F" Block government school at Maharishi Dayanand Marg for any purpose other than a school.
(2.) It is represented that petitioner No.1 is a society registered under the Societies Registration Act 1860, with public-spirited residents of Rajouri Garden Colony as its members. Petitioner No.1 is stated to have been working against unauthorised development in Rajouri Garden for the betterment of the colony. Petitioner No. 2, who came to be impleaded as co- petitioner subsequently by order dated 24.09.2018, is also said to have raised the issue of conversion of land-use of plots earmarked for school and other similar purposes into other uses in Delhi, including the conversion of land meant for a school into a multi-level parking in this case. The respondent is the South Delhi Municipal Corporation ("Corporation" for short), being the statutory agency established under the Delhi Municipal Corporation Act, 1957 to provide municipal services and facilities inter-alia in the city zone in which Rajouri Garden is situate. It is the respondent that proposes to construct the automated multi-level parking that is subject matter of the present proceedings.
(3.) Pursuant to issuance of the RFP, the automated multi-level car parking facility ("Parking", for short) is to be constructed on a vacant plot admeasuring approximately 1800 sq. yds. situate in residential Blocks "F" & "C" opposite Sarvodaya Kendriya Vidayalaya "F" Block, Rajouri Garden, ("subject land" for short) which land vests in the Corporation. The subject land abuts a 50 ft. wide road leading to what has come to be known as the "J" Block Market of Rajouri Garden ("Market" for short); and it is the admitted position that the subject land was originally earmarked for building an MCD school; and concededly, there has been no change in the designated land-use of the subject land till date. It is also the admitted position that the Market is "unauthorised" inasmuch as the Market comprises shops that have sprung-up over the years along a stretch of road that is not designated for purposes of a shopping centre or market under the municipal plans. From the wording of the RFP, it is evident that the Parking is primarily intended to serve the requirements of the Market since the RFP describes the "Name of work" as follows: "Construction, Operation and Maintenance of Automated Multilevel Car Parking facility at J-Block Market, Rajouri Garden in West Zone." (Emphasis supplied) The Market is stated to have some 600 shops, that have come-up on around 190 plots, by reason of which there is high vehicular traffic in and around the area, with severe dearth of parking space and consequent traffic congestion. ;