Vehicles To Be Immediately Taken To Appropriate Place After They Are Seized: Bombay High Court Asks State To Prepare Concrete Mechanism

The High Court was considering the issue of 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.

The Division Bench comprising Justice G. S. Kulkarni & Justice Advait M. Sethna ordered, “We hence direct the Additional Commissioner of Police, Traffic Division, and Inspector General of Police/ State of Maharashtra to deliberate on such issue and prepare a concrete mechanism in regard to the vehicles being immediately taken to the appropriate place after they are seized, and that such vehicles do not encroach on roads, pavements/footpaths or being parked/stored in the vicinity of the police stations in whose jurisdiction they have seized.”

Advocate Seema Chopda represented the Petitioner, while Advocate Jyoti Mhatre represented the Respondents.

Reasoning

The Bench was of the view that such parking and storing of vehicles, apart from being an ‘eyesore’ from the point of view of neat and clean surroundings, also creates insurmountable public inconvenience. The Bench took note of the fact that no concrete policy is prepared either to be implemented for the city of Greater Mumbai and/or the State of Maharashtra. This, according to the Bench, is a common issue which would arise in respect of the police stations wherever situated.

“In Mumbai, open spaces are not available and is a major constraint, hence parking/dumping of seized vehicles cannot be resorted 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 the public at large”, it said.

It was further noticed that the Municipal Corporation does not attend to such encroachments by the police stations, although it is on public roads and footpaths merely because these vehicles have something to do with the police station. It was further mentioned that the Traffic Department should avoid parking these vehicles in the vicinity of the police station.

“The Additional Commissioner of Traffic, Mumbai and Greater Mumbai, in our opinion, needs to gather substantial information in regard to every police station along with the photographs of the present plight of such unlawful parking/dumping of the seized vehicles by such police stations in Greater Mumbai, and a report to that effect needs to be placed on record on the adjourned date of hearing which would indicate the gravity of the situation”, it observed.

Considering the fact that almost two years have passed from the Court’s earlier order on this aspect and, surprisingly, such orders are yet to be complied with, the Bench directed the framing of a concrete mechanism regarding the vehicles being immediately taken to the appropriate place after they are seized. “Also let a policy as per the order dated 13 April, 2023 be framed under the guidance of the Principal Secretary, Home, and the same be placed on record of this Court on or before the adjourned date of hearing”, it held.

Cause Title: Marathon Maxima Co.Op. Housing Society v. Brihanmumbai Municipal Corporation & Ors (Case No.: Writ Petition No. 1545 of 2023)

Appearance:

Petitioner: Advocate Seema Chopda

Respondents: Advocates Jyoti Mhatre, Komal Punjabi, GP P. H. Kantharia, Advocates Kiran Gandhi, Little & Co.

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