Categories: Other Courts

Permit Parking Under Bridges And Flyovers; Bombay HC Seeks Response From State Govt

The Bombay High Court recently sought the response of State of Maharashtra and Brihanmumbai Municipal Corporation (BMC) on a plea seeking parking permission of vehicles under bridges and flyovers.

A division bench of Acting Chief Justice SV Gangapurwala and Justice Sandeep Marne was hearing a petition filed by Pradeep Bais seeking for a parking facilities below bridges and flyovers in the Mumbai Metropolitan Region (MMR) when alternative public parking spaces are not available within 200 meters of such bridges and flyovers. 

Appearing for the petitioner, Advocate Uday Warunjikar stated that spaces below bridges and flyovers were utilised as parking spaces until 2008.

In August 2009, the State government issued an order under the Maharashtra Regional Town Planning (MRTP) restricting parking under bridges and flyovers where alternative parking spots are available within 200 metres.

It did not, however, impose any limits on parking beneath bridges and flyovers if alternative parking was not available within 200 metres.

The petitioner submitted a representation to the State government requesting that parking be permitted beneath bridges and flyovers; however, he received no answer.

As a result, he filed the current petition to carry out the 2009 ruling in letter and spirit by permitting parking in unoccupied spots beneath bridges and flyovers where there are no other parking places within 200 metres.

According to Bais, the MMR is a territory with an ever-increasing and out-of-control population.

“The petitioner contends that the MMR zone is one such place where horizontal development has already been exhausted, leaving only vertical construction for extra FSI. In such cases, the government should not squander the vast spaces that lie vacant beneath the bridges. The intelligent use of these vacant open spaces for car parking is exactly what a smart city is meant to be. Therefore, intervention of this Court is necessary,” the plea stated.

Pradeep Bais also claimed that a proper parking facility will raise money to the government exchequer through parking fees, tenders, and government contracts.

Nunnem Gangte

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