1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.549 OF 2001 Chandrakant G. Chury Of Mumbai Indian Inhabitant, residing at 51-B, Damodar Bhuvan, Gokhale Road (North), Dadar, Mumbai – 400 028. ..... Petitioner V/s. 1. The Commissioner, Municipal Corporation of Greater Bombay, having his Office at Mahapalika Bhavan, Mahapalika Marg, Fort, Mumbai – 400 001. 2. Municipal Corporation of Greater Bombay, a Statutory Corporation incorporated under Bombay Municipal Corporation Act, 1888, having its Office at Mahapalika Bhavan, Mahapalika Marg, Mumbai – 400 001. 3. The Assistant Commissioner of Police, (Traffic), General Jananathrao Bhosale Road, Mumbai – 400 023. 4. The State of Maharashtra, through Government Pleader Office, Original Side. 5. Shri Manohar Harishchandra Pilankar, of Mumbai Indian Inhabitant, residing at Satya Niwas, Gokhale Road (North), Dadar, Mumbai – 400 028. ..... Respondents. Ms.Anita D. Borkar, for the petitioner. Ms.J.H.Puranik, for respondent Nos.1 to 3. Mr.R.V.More, A.G.P., for respondent No.4 Mr.P.G.Karande, for respondent No.5. 2 CORAM :P.B.MAJMUDAR & R.M.SAVANT, JJ. DATE : JUNE 17, 2009 ORAL JUDGMENT : ( Per P.B.Majmudar, J. ) 1. The grievance raised by the petitioner in this petition is genuine. The petitioner is having his dwelling house at Final Plot No.261, TPS-IV, Mahim, Division. The premises of the petitioner is known as Damodar Bhuvan. It is the case of the petitioner that Road No.23 is declared as No Parking Zone, the Traffic Police is not taking appropriate action in this behalf and so many vehicles are being parked on the said road. It is the case of the petitioner that because of the traffic obstruction on road Nos.23 and 24, TPS-IV, it is difficult for him to move freely, even though the said roads are declared as No Parking Area. The petitioner has also made specific grievance against the respondent No.5 to the effect that in spite of the fact that it is No Parking Zone, he is parking his vehicles in the said Zone. On 30-03-2001, the Division Bench of this Court has passed the following order : - “Heard counsel appearing for the parties. 2. Perused the affidavit of Vijaysinh Balramsinh Raghuwanshi, Asstt. Commissioner of Police (Central Region), Traffic. In view of Paragraph 8 of the affidavit, Rule is issued on the Writ Petition. Counsel for the respondents waive service. 3 3. Respondent No.5 is restrained from parking vehicles on Road No.23 which is declared as “No Parking Zone”. The Prothonotary and Sr.Master is directed to appoint an Officer of this Court as a Court Commissioner who shall conduct surprise visits to the above said Road No.23 in order to find out whether the Respondent No.5 has obeyed the directions of this Court. The Commissioner shall make report to this Court on 2nd May, 2001. Parties to act on an ordinary copy of this order duly authenticated by the Private Secretary of this Court”. 2. The matter today is now reached final hearing. During the course of hearing, the learned counsel for respondent No.5 states that the respondent No.5 has stopped parking his vehicles at the said place and that respondent No.5 shall not park any of his vehicles at the place in question as it is in No Parking Zone. The learned A.G.P., states that efforts have been made to see that the vehicles are not unauthorizedly allowed to be parked at the places where parking of vehicles is prohibited. 3. During the course of hearing, the learned counsel for the petitioner submitted that the petitioner is required to ultimately sold his vehicle since there is no space for parking and with a view to see that people are not put to inconvenience because of parking, the petitioner has to dispose of his vehicle. 4. The problem raised in this petition, in our view, is a 4 genuine one. The citizens of the City are everyday suffering because of heavy traffic conjunction in the city. The parking problem seems to be unabated. We hope that the concerned authorities shall consider this aspect and may take out appropriate solution to solve this chronic problem so that the citizens can be placed in a little bit comfortable situation. It is unfortunate that in spite of No Parking Board, the vehicles are being parked in the No Parking Zone. The authorities may also have problems of infrastructure and staff, but that itself cannot be a ground not to solve the problem and to mitigate the hardship faced by the citizens. The learned counsel for the petitioner submitted that in spite of the order of this Court dated 30-03-2001, still vehicles are being parked at the same place. In our view, it is high time that the authorities should take appropriate steps to see that in the No Parking Zone, nobody should be allowed to park the vehicle. We accordingly direct the respondent Nos.3 and 4 to see that no vehicles are allowed to be parked in No Parking Zone and appropriate steps be taken in this behalf. The concerned officers of each Ward/Region shall see to it that appropriate traffic staff is deployed at the places to regularly monitor this aspect and to see that vehicles are not allowed to be parked in an unauthorizedly manner. While disposing of the petition, we direct that the respondent Nos.3 and 4 and the other concerned officers of the Traffic branch shall see to it that regular monitoring has been done 5 through the officers and no vehicles are allowed to be parked at the places which is not marked for parking. Strict action should be taken against the owners of the vehicles in this behalf as per law and the concerned higher authorities should monitor this aspect regularly by evolving appropriate procedure in this behalf. We record the statement of the learned counsel for the respondent No.5 that his client will not park any of his vehicle at the place in question. The respondent Nos.3 and 4 shall scrupulously act as per directions of this Court in connection with other vehicles so that the citizens residing in an area can move freely without any disturbance. Subject to the directions given hereinabove, the writ petition is disposed of. ( R.M.SAVANT, J. ) (P.B.MAJMUDAR, J.)