Bombay HC says seized vehicles unlawfully parked on roads, footpaths adding to pedestrians’ woes, seeks state-wide policy

A bench of Justices Girish S Kulkarni and Advait M Sethna passed an order on April 8, on a plea by Marathon Maxima Co. Op. Housing Society from Mulund (West), raising concerns over dumping/ parking/storing of vehicles seized by the police department occupying public roads, streets and/or the surroundings of the police stations in Mumbai.

The society, through advocate Seema Chopda, had argued that vehicles in some cases are parked or dumped on open private lands, and the same, apart from being an ‘eyesore’ amid neat and clean surroundings, also creates “insurmountable public inconvenience”.

The bench observed that while no concrete policy is prepared either to be implemented in Mumbai or the entire state, the issue was common in respect of all police stations across Maharashtra.

“In Mumbai, open spaces are not available and are a major constraint, hence parking/dumping of seized vehicles cannot be resorted to, causing a serious inconvenience/nuisance to the public at large. We may take judicial notice of the fact that several police stations are inundated with such seized vehicles being dumped/parked for years together outside the police stations encroaching on public roads, which are essential public amenities to be enjoyed and utilized by public at large,” the bench noted.

It added, “In our opinion, for a city like Mumbai or any other city which encompasses constraints on open spaces, encroachments on footpath, pavements etc. which itself makes the life of pedestrians miserable and added to such woes, are the problems of such illegal parking on open public spaces, pavements/footpaths and in the surroundings of the police stations.”

The bench noted that the municipal corporation does not attend to such encroachments merely because the vehicles have something to do with the police station.

“When pedestrians themselves cannot normally move on roads and footpaths, the Traffic Department cannot remain a mute spectator on these issues. The menace of such parking and dumping of vehicles in the surroundings of the police stations and /or on private lands, needs to be something of the past,” it observed.

The HC added that parking of such vehicles in the vicinity of police stations is a “safety and security concern”, therefore, the traffic department shall avoid the same.

It expressed ‘surprise’ over non-implementation of its April 2023 order seeking policy against the menace. It asked the principal secretary of the home department to frame a policy on the issue and place it before the court during the next hearing on April 29.

The court further directed the additional commissioner of police, traffic division, and inspector general of police, Maharashtra, to prepare a “concrete mechanism” for keeping seized vehicles.