Mumbai: The Bombay High Court has issued significant directives aimed at addressing the growing problem of vehicles seized by the police being dumped or parked in public places, particularly around police stations in Mumbai, emphasizing the need for proper management and public convenience.
Justice G.S. Kulkarni and Justice Advait M. Sethna made crucial observations regarding the practice of dumping seized vehicles and its implications for public spaces.
The court was hearing a case filed by Marathon Maxima Co-operative Housing Society against the Brihanmumbai Municipal Corporation and others. It noted, “This petition raises seminal issues, inter alia, on the dumping/parking/storing of vehicles seized by the Officer-in-Charge of the Police Stations, occupying public roads, streets and/or the surroundings of the police stations in the city of Mumbai.”
Highlighting the specific concerns about public inconvenience, the court observed, “Such parking and storing of vehicles, apart from being an ‘eyesore’ from the point of view of neat and clean surroundings — being a legitimate public expectation — also creates insurmountable public inconvenience.”
Emphasizing the challenge of limited open spaces in Mumbai, the court stated, “In Mumbai, open spaces are not available and this is a major constraint; hence, parking/dumping of seized vehicles cannot be resorted to, as it causes serious inconvenience and nuisance to the public at large.”
Issuing a specific directive, the court ordered, “We hence direct the Additional Commissioner of Police, Traffic Division, and the Inspector General of Police/State of Maharashtra to deliberate on this issue and prepare a concrete mechanism regarding the immediate relocation of seized vehicles to appropriate places.”
The court also expressed concern that, despite an earlier order from April 13, 2023, no policy had been implemented in the intervening two years. It noted, “As almost two years have already passed since the Court’s earlier order dated 13 April 2023, it is surprising that such orders are yet to be complied with.”
Raising safety concerns, the court stated, “Parking such vehicles — cars, trucks, etc. — in the vicinity of police stations is also a safety and security concern. From such a perspective, it is imperative that the Traffic Department avoid the parking of these vehicles near police stations.”
The court has directed the Additional Commissioner of Police (Traffic) to gather information about the situation at every police station in Greater Mumbai, including photographs documenting the current state of unlawful parking of seized vehicles.
Ms. Seema Chopda appeared for the Petitioner, Ms. Jyoti Mhatre for Respondent Nos. 1, 5 & 6, Ms. P.H. Kantharia for Respondent Nos. 2 to 4, and Mr. Kiran Gandhi for Respondent No. 7.
Case Title: Marathon Maxima Co-operative Housing Society vs. Brihanmumbai Municipal Corporation & Ors.
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