Lack of parking spaces: HC directs NMMC to constitute an expert committee to examine the issue

Bombay HC directs Navi Mumbai Municipal Corporation to form expert committee to address parking space issue, submit report within 4 months.

MUMBAI: The Bombay high court (HC) on Friday directed Navi Mumbai Municipal Corporation (NMMC) to constitute an expert committee to look into the issue of parking spaces within the corporation limits. The committee shall submit its report within four months and suggest appropriate amendments, which may be warranted to be included in the Unified Development Control and Promotion Regulations of 2020.

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The bench of chief justices DK Upadhyay and Arif S Doctor was hearing a public interest litigation (PIL) filed by activist Sandeep Thakur questioning a notification that amended the Unified Development Control and Promotion Regulations Rules, permitting developers to reduce car parking space in high-rise buildings.

As per the notification, each tenement with a 45-square-meter area and 35-square-meter carpet space should have at least one parking space. This, however, according to Thakur, is grossly inadequate in light of the increasing population and is also against the recommendation of the high court, which suggested 3 parking spaces for 1 tenement with a built-up area of more than 70 sq. meters, 2 parking spaces for tenements with a built-up area of 50 to 70 sq. meters, 2 parking spaces for every 2 tenements with a built-up area between 35 sq. meters and 50 sq. meters, and 1 parking space for every 2 tenements with a built-up area less than 35 sq. meters.

Opposing the petition, NMMC took the stand that UDCPR is merely subordinate legislation, and as there was nothing manifestly arbitrary or unconstitutional, there is no scope for judicial review and therefore must be dismissed.

The court, after recognising its limitations in interfering with a piece of delegated legislation but to ensure that the spirit and zeal shown by the petitioner for the public cause of having better and adequate spaces do not die, passed the above directions constituting an expert committee. The entire exercise of study and subsequent exercise of amendment must be undertaken within a period of 12 months, the court said.