Bombay High Court Issues Notice In PIL Seeking Parking Facility Beneath Flyovers In Mumbai

A division bench of Justice SV Gangapurwala and Justice Sandeep V. Marne posted the matter for hearing on April 18, 2023.

“MMR (Mumbai Metropolitan Region) region is one such region where horizontal development is already exhausted and now there is scope only for vertical development with additional FSI. In such circumstances the respondent authorities should not ways the youth spaces those are lying vacant winning the bridges. The smart usage of these open spaces lying vacant for car parking is truly what is supposed to be as a smart City,” the petition states.

The petition, filed by one Pradee Baism, states that space beneath flyovers and bridges in Mumbai, Thane, Navi Mumbai, and adjoining areas was used for Pay and Park facilities for vehicles. On June 27, 2008 the Chief Minister give verbal directions against car parking below flyovers.

An order dated August 20, 2009 (2009 Order) was passed under section 154 of the Maharashtra Regional And Town Planning Act, 1966. It prohibited parking under flyovers and bridges where public parking space is available within 200 metres.

After CM’s verbal directions, MSRTC terminated its scheme for beautification and Pay n’ Park of the space below flyovers. This termination was challenged and the High Court via order dated June 20, 2013 dismissed the writ petition.

According to the petition, there is a lot of confusion among the authorities regarding parking under flyovers. The HC in that order has not prohibited parking beneath the bridges, flyovers etc., the petition states.

As a consequence of the HC's order, the concept of parking under bridges was completely prohibited and the 2009 order was never implemented, the petition states.

In another writ petition, the Deputy Director of Town Planning in an affidavit stated that the 2009 order will prevail over the verbal directions of the CM, according to the petition.

According to the petitioner, the petitioner’s letters seeking implementation of the 2009 order received no response. Further, on personal visits, officers revealed the order is sub judice and therefore they are not in the position to implement it.

The petition contends that the condition of traffic and accommodation of car parking in MMR has worsened and due to shortage of available parking spaces, parking in no parking zones has increased. This has led to hefty fines and caused a lot of impediments to the locals, according to the petition.

If the Pay and Park facility is implemented, it will increase government exchequer from the day-to-day parking fees as well as various tenders and government contracts, the petition contends adding it will economically benefit the state and the local self-government.

The petition has also alleged that the government is ignoring the problem of parking. “Respondent authorities are avoiding the very pivotal question of parking which is already at its worst and the upcoming consequences likely in the next 5-10 years due to shortage of space for car parking,” the petition states.

Thus, the petition has sought for implementation of the 2009 Order and directions to the authorities to take cognizance of the problem of shortage of parking in MMR and provide additional parking facilities.

Case Title – Pradeep Gajaraj Bais v. State of Maharashtra and Ors.