High Court directs society authorities to limit the number of cars owned by a family if there is inadequate parking space
Bombay High Court has directed families who own one flat cannot have four to five cars while addressing the lack of uniform policy in a designated parking place for vehicles in Maharashtra.
The court has said that authorities should not allow families with one flat to have four to five cars if there is an inadequate parking place in the society.
The bench of Chief Justice Dipankar Datta and Justice G S Kulkarni passed the direction during public interest litigation or PIL hearing, filled by Navi Mumbai resident and activist Sandeep Thakur. The bench has further added, “Reduction in the purchase of new cars is needed. You can’t permit one family to have four to five vehicles just because they can afford it. You should cross-check if they have parking spaces or not.”
The verdict stressed on proper parking space
High Court said that it is a common phenomenon to block around 30% of the roads by parking vehicles on both sides. Court questioned the rules challenged in the PIL and added that there will be ‘chaos if a proper policy on vehicle parking is not formulated.’
In the verdict, the judges have said that these are genuine public concerns that have to be taken into consideration and come up with long-term measures to avoid a chaotic society in the future, according to PTI. “These are genuine public concerns which have to be taken into consideration to come up with long-term measures so that we do not have a chaotic society. There has to be a policy in place.”
The bench directed the state counsel Manish Pable to file a reply to the PIL within two weeks.
Government’s decision to reduce parking place
Sandeep filed the PIL challenging the government’s decision to permit the developers to reduce parking places. Under the amended Unified Development Control and Promotion Regulations Rules, the government has notified that developers can now build societies with proportionately lesser parking places.
Thakur said in his plea that developers do not give enough spaces in the high rises, and residents are forced to park their cars outside the premises.
High Court also advised the corporation officials to take an example from Pune’s recently developed buildings with multi-level basement parking.
Thakur wanted to quash the parking relaxation by NMMC
He sought to revoke the off-street parking provisions framed by the Navi Mumbai Municipal Corporation (NMMC). He also wanted to restrain NMMC from acting upon the said provisions through his PIL.
The PIL had claimed that off-street parking regulations are formulated without any survey and sought a departmental secretary-level inquiry. It also urged for suitable action against the involved officials.
Apart from these, the petition also sought direction from the developers who got development permission after 2 December 2020 to arrange off-street parking within the premises.