Reduce future chaos on roads, frame parking policy: Bombay HC to state – Hindustan Times

The Bombay high court (HC) expressed concern over the future of the society if a proper policy for vehicular parking was not made, and warned that there would be utter chaos if the number of vehicles in individual families were not restricted to the parking space owned or available to them, as they end up parking their excess vehicles on the sides of the road outside the building, thus making it difficult for movement of pedestrians and other vehicles.

The division bench of chief justice Dipankar Datta and justice Girish Kulkarni, while hearing a public interest litigation (PIL) filed by Navi Mumbai resident and activist Sandeep Thakur, was informed that the petition challenged the government notification which amended the Unified Development Control and Promotion Regulations (UDCPR) Rules, permitting developers from reducing car parking space.

Thakur submitted that the Navi Mumbai Municipal Corporation (NMMC) had relaxed off-street parking norms in favour of developers, as a result of which vehicles owned by flat owners were being parked outside buildings. Thakur sought to quash and set aside the off-street parking provisions framed by NMMC and to restrain NMMC from acting upon the said provisions.

After hearing initial submissions, the court expressed anguish at the way in which NMMC had reduced parking space. Referring to the condition of Mumbai, the court said, “We expect the state government to ensure that new and planned cities do not face issues due to illegal on-street parking the like of which we see in Mumbai due to roadside car parking which results in congestion.”

The PIL has further claimed that off-street parking regulations have been formulated without any requisite survey, and sought a departmental secretary-level inquiry and urged for suitable action against officials involved in finalising the rules.

The petition also sought direction to developers who secured development permissions after December 2, 2020, to make arrangements for off-street parking inside premises of complexes based on provisions prevalent prior to the amended rules being introduced.

The bench said that roads were flooded with vehicles and almost 30% of the roads were taken away by vehicles parked on both sides. “These are genuine public concerns which have to be taken into consideration and there is a need to come up with long-term measures so that we do not have a chaotic society. There has to be a policy in place,” said justice Kulkarni.

While suggesting ways of reducing new vehicles, the bench said the state could have a policy wherein purchase of new vehicles was allowed only to those who had their own parking space. “Reduction in purchase of new cars is needed. You cannot have four-five cars in a family just because you can afford, unless requisite parking is granted in the premises of society. It was mentioned earlier that the state would make it mandatory for everyone to show parking space before vehicle registration. What is the status of that policy?” the bench asked the state counsel.

The bench also suggested that just like Pune had adopted multi-level basement parking in new residential and commercial complexes, Mumbai should also adopt similar measures to ensure that roads are not lined with cars. The court also sought to know about the status of the Mumbai civic boy’s drive to penalise vehicle owners to the tune of ₹10,000 for parking vehicles on the road if there is a dedicated public parking space nearby, and said that it should be implemented strictly.

The bench then directed the state to file an affidavit in reply to the petition and the queries raised by the court within two weeks and added that no further extension would be granted.