PIL in HC challenges BMC’s Patwardhan Park parking lot plan

MUMBAI: A public interest litigation (PIL) has been filed in the Bombay high court challenging the Brihanmumbai Municipal Corporation’s (BMC) plan to develop a parking lot under Raosaheb Patwardhan Park on Linking Road in Bandra West

MUMBAI: A public interest litigation (PIL) has been filed in the Bombay high court challenging the Brihanmumbai Municipal Corporation’s (BMC) plan to develop a parking lot under Raosaheb Patwardhan Park on Linking Road in Bandra West.

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The petition filed by activist Zoru Bathena and architects Samarth Das and Alan Abraham sought directions to the civic body to refrain from proceeding with the tendering process and constitution of a committee comprising independent experts in environment and ecology, urban planning, architecture and engineering to prepare a report on the consequences of the construction of the parking lot.

The PIL filed through advocate Zaman Ali was mentioned on Thursday before the division bench of acting chief justice SV Gangapurwala and justice SV Marne for urgent hearing. The bench has posted it for hearing in the first week of June, soon after the court reopens post summer vacations.

The petition claimed that the “excavation for the basement of up to two floors will lead to loss of a natural sponge that protects the flood-prone surrounding regions up to SV Road, Bandra West and cause large-scale urban flooding.”

According to the PIL, the BMC’s proposal for the underground parking facility at Patwardhan Park with a view to take care of the parking problems on Linking Road had been objected to by residents after which the municipal commissioner had passed directions to review the plans.

The petition stated that thereafter in January 2023, the civic parking authority conducted a study, and a tender was issued by the road and traffic department of the BMC on March 9 to construct the multilevel parking under the park. It added that Bathena had filed objections to the tender and sent it through e-mail to the BMC, stating that as the civic body extended the tender submission date rather than scrapping it, he was constrained to approach the HC.

Justifying the demand to scrap the proposal, the petition argued, “The actions of the BMC authorities run contrary to the Mumbai Climate Action Plan prepared by the Government of Maharashtra and respondent corporation which clearly provides for retaining and maintaining open spaces without any further change in land-use to avoid surface run-off that leads to flooding in the city.”

“Parking in a Town Planning Scheme (TPS) is not permissible on a recreational ground. That park, being over one hectare in area with a tree canopy density of more than 10%, is a forest as defined by the Union Ministry of Environment, Forest and Climate Change (MoEF&CC) and that no parking can be built in such protected forest area,” the plea said.

The PIL has also sought directions to the BMC to carry out GIS mapping of parking areas of all wards in Mumbai and update the information on its website in a time-bound manner.