Case Note & Summary
The petitioner, M/s Spark Developers & Ajay Desai, filed a writ petition seeking directions to the State of Maharashtra and municipal authorities to implement an order dated 18.12.2010 by the Additional Commissioner of Police, Traffic, Mumbai, which prohibited parking of vehicles on a stretch of D.P. Road, Worli, from its junction with Narayan Hardikar Marg to its junction with Veer Nariman Road throughout the day. The petitioner, a developer constructing an SRA scheme on the road, contended that despite the order, illegal parking continued, causing severe traffic congestion, and that encroachments on the roadside had not been removed. The State, through an affidavit-in-reply, submitted that the illegal taxi stand had been removed and patrolling was conducted every two hours to prevent parking. The municipal corporation stated that steps were being taken to remove encroachments. The court, after hearing submissions, directed the traffic police to ensure strict implementation of the 2010 order and the corporation to remove all encroachments within four weeks. The petition was disposed of accordingly.
Headnote
A) Traffic Regulation - Implementation of Police Order - Prohibition of Parking - The court considered the failure to implement an order prohibiting parking on D.P. Road, Worli, despite directions from the Additional Commissioner of Police. The court directed the traffic police to ensure strict compliance and the corporation to remove encroachments, holding that public interest requires enforcement of traffic regulations to reduce congestion (Paras 1-5).
Issue of Consideration
Whether the order of the Additional Commissioner of Police, Traffic, Mumbai dated 18.12.2010 prohibiting parking on D.P. Road should be implemented and whether encroachments on the road should be removed.
Final Decision
The court directed the traffic police to ensure strict implementation of the order dated 18.12.2010 prohibiting parking on D.P. Road, and directed the corporation authorities to remove all encroachments on the side of the road within four weeks. The writ petition and chamber summons were disposed of.
Law Points
- Implementation of administrative orders
- Removal of encroachments
- Traffic regulation
- Public interest litigation
Case Details
WRIT PETITION NO.3023 OF 2016
Smt. Vasanti A. Naik, Riyaz I. Chagla
Mr. Rohan Mahadik for Petitioners/Applicants, Mr. U.S. Upadhyay Asst. Govt. Pleader for State, Ms. Pallavi Thakar for MCGM
M/s Spark Developers & Ajay Desai
State of Maharashtra & ors
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Nature of Litigation
Writ petition seeking implementation of a police order prohibiting parking and removal of encroachments on a public road.
Remedy Sought
Direction to respondent nos.1 to 3 to implement the order of the Additional Commissioner of Police, Traffic, Mumbai dated 18.12.2010 and to remove encroachments on D.P. Road.
Filing Reason
Non-implementation of the police order and continued illegal parking and encroachments causing traffic congestion.
Previous Decisions
Order of Additional Commissioner of Police, Traffic, Mumbai dated 18.12.2010 prohibiting parking on D.P. Road.
Issues
Whether the order of the Additional Commissioner of Police, Traffic, Mumbai dated 18.12.2010 prohibiting parking on D.P. Road should be implemented.
Whether the corporation authorities should remove encroachments on the side of D.P. Road.
Submissions/Arguments
Petitioner: The order of the Additional Commissioner of Police is not implemented; illegal parking and encroachments continue, causing traffic congestion.
State: The illegal taxi stand has been removed; patrolling is done every two hours to prevent parking.
Corporation: Steps are being taken to remove encroachments.
Ratio Decidendi
Administrative orders of traffic authorities must be implemented to ensure public convenience and reduce traffic congestion; encroachments on public roads must be removed by municipal authorities.
Judgment Excerpts
By this writ petition, the petitioner seeks a direction to the respondent nos.1 to 3 to implement the order of the Additional Commissioner of Police, Traffic, Mumbai dated 18.12.2010 and to ensure that there is no parking of vehicles on the stretch of the D.P.Road as mentioned in the said order.
The learned counsel for the petitioner states that the petitioner is a developer and is developing a SRA scheme on the D.P.Road which is facing the SRA building that is sought to be constructed.
Mr.Upadhyay, the learned Assistant Government Pleader appearing on behalf of the State Government submits by referring to the affidavitinreply that the illegal taxi stand from the side of the D.P.Road is removed.
Procedural History
The petitioner filed Writ Petition No.3023 of 2016 seeking implementation of the order dated 18.12.2010 and removal of encroachments. Chamber Summons Nos.82 and 84 of 2016 were also filed. The court heard submissions and disposed of the petition on 2nd November 2017.
