The Bombay High Court disposed of a Public Interest Litigation (PIL) filed to enforce execution of old direction contained in the order dated 20.08.2009, issued by Government of Maharashtra Urban Development Department.
The direction reads as under:-
“Parking of vehicles should not be allowed under flyovers, bridges etc. where public parking space is available within 200 mt. where such public parking is available, on street parking also should not be allowed”.
The Nagpur Division of Justice Sunil B.Shukre and Justice M.W. Chandwani observed that the direction is very clear and it indicates that parking of vehicles must not be allowed under flyovers, bridges etc in those cases, where alternate public parking place is available within 200 mts. of the flyover, bridges etc.
The Bench further observed that according to the directions wherever every such parking place is available within 200 mts. even on street parking shall not be allowed. That means wherever, no public parking place is available within 200 mts. of the objects mentioned in the order, public parking place can be allowed under flyovers, bridges or on the sides of the street. “But, that does not necessarily mean that the authorities should allow indiscriminate parking rather it would necessarily mean that if such on-street parking, a parking beneath flyovers, bridges etc. is to be permitted, it must be done by taking into consideration relevant factors such as, security threat that may be posed by such public parking, inconvenience and obstruction caused to smooth flow of traffic, inconvenience and obstruction caused to pedestrians and so on.”
The Court hoped that keeping in mind the directions contained in the order dated 20.08.2009, the applicable law and rules and the factors noted above the authorities incharge of public parking shall prepare plan identifying suitable places for allowing public parking, subject to any charge, if thought fit, and notify them accordingly.