PIL in HC seeks to regularise parking under bridges

Bais has stated that currently cars being parked under bridges and flyovers are being charged hefty fines as such areas are designated no parking zones and when he had approached the authorities and sought implementation of the 2009 order, he was informed that the same cannot be implemented as the issue was sub-judice

Mumbai: A public interest litigation has been filed in the Bombay high court (HC) seeking directions to allow parking under bridges where public parking spaces are not available within 200 meters after taking all necessary precautions. HC has issued a notice to the authorities.

India, Mumbai...January 22, 2013... Parking at Kurla Flyover ...Photo by Kalpak Pathak / Hindustan Times. (Hindustan Times)

The PIL filed by Pradeep Bais through advocate Uday Warunjikar refers to a 2008 verbal direction of the then chief minister, which banned parking under bridges and flyovers lest there may be some disaster. The PIL stated that a detailed and well-thought order was passed by the Collector in 2009 which permitted parking under bridges and flyovers where there was no public parking facility within 200 meters.

Bais has stated that though the 2009 order was in force, the authorities did not comply with it and shut down all pay and park facilities under bridges and flyovers which was challenged in the HC. However, the HC rejected the challenge after which another petition came to be filed in 2014 wherein its attention was drawn to the 2009 order. The court was also told that due to the multiplying vehicular traffic, it was incumbent to implement the 2009 order.

The HC had then sought the say of the authorities on whether the 2009 order could be implemented. However, since then the petition is pending adjudication.

Bais has stated that currently cars being parked under bridges and flyovers are being charged hefty fines as such areas are designated no parking zones and when he had approached the authorities and sought implementation of the 2009 order, he was informed that the same cannot be implemented as the issue was sub-judice.

In light of the growing number of vehicles in the city and its adjoining districts, the PIL had sought the intervention of the court and sought to call on the records of the 2009 order as well as the issuance of directions to permit parking under bridges and flyovers where there are no designated public parking lots within 200 meters as it would bring in revenue for the state in the form of parking contracts and also bring down instances of illegal parking.

After hearing initial submissions, the division bench of acting chief justice SV Gangapurwala and justice SV Marne issued notice to the authorities and posted the hearing of the PIL to the end of March.