1 mss PIL34 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE PUBLIC INTEREST LITIGATIONNO. 34 OF 2011 SANDEEP THAKUR .. .. PETITIONERS Vs. NAVI MUMBAI MUNICIPAL CORPORATION & ANR. .. .. RESPONDENTS Mr. S. S. Thakur for the petitioner Mr. A. A. Garge for R-1 Mr. A. B. Vagyani, AGP CORAM: SMT. RANJANA DESAI & RAJESH G. KETKAR, JJ. DATED : 7/9/2011 P.C.: By our order dated 22/6/2011 we had recorded the statement made by learned AGP that post decisional hearing will be given to the petitioner by the Principal Secretary, Urban Development Department within a period of four weeks. We had directed the Principal Secretary to pass a detailed reasoned order after considering the petitioner’s submissions and the Corporation’s view. Accordingly the Principal Secretary, (UD-I) has given a post decisional hearing to the petitioner and passed a reasoned order on 2 mss PIL34 18/7/2011. A copy of the said order is annexed to the petition. We find from this order that the Principal Secretary has accepted the petitioner’s contention that the result of scientific survey conducted by NMMC has not been taken into consideration by the Government in its last amendment of parking requirements of NMMC and that needs to be done. The Principal Secretary has directed the NMMC to initiate the procedure under Section 37 to amend the DC Regulations again for parking requirements for tenements of carpet area of 35 sq. mtrs. The Principal Secretary has also observed that several other issues arising out of the scientific survey regarding parking requirements for Lodging, Educational Institutions, Hospitals, Medical Institutions, Clubs, Tennis Courts, Golf Courses etc. have been brought to his notice. He has observed that those requirements have been considered in the light of scientific survey conducted by the NMMC. However, parking requirements being always in a state of dynamic evolution, it will be necessary for the NMMC to conduct a fresh survey within the next one year and find out whether the norms for above mentioned uses need to be modified or not. It is further observed that smaller tenements upto 35 sq. mtrs. carpet area will have to be amended and this exercise should be taken up and completed within the next six months. These directions issued by the Principal Secretary (UD-I) will have to be followed by NMMC and also by the State Government. 3 mss PIL34 2. The scientific survey may be started immediately. One year’s time is an outer limit. It may be completed as expeditiously as possible and the procedure under Section 37, to amend the D C Regulations, may also be adopted and completed as early as possible. Six months’ time limit laid down by the Principal Secretary (UD-I) for that purpose is merely an outer limit. Efforts may be made to complete the procedure as early as possible. 3. The petitioner’s grievance is redressed as of today, hence the petition is disposed of. (SMT. RANJANA DESAI, J.) (RAJESH G. KETKAR)