-: [rti4empowerment] Re: Non Implementation Of Mumbai High Court Order Writ Petition / 549 / 2001

2010 DEC 18

The Municipal Corporation of Greater Mumbai

The Mumbai Traffic Police

The Mumbai Police

With copy specially to

Adv. Armin WANDREWALA for inclusion in the ongoing PIL on traffic

Namaskar,

This is in reference to the long delayed ALM Meeting on 2010 DEC 18, at K West Ward, at 10h00, in which traffic conditions in the Ward were also discussed.

You may or may not be aware, of the order of Mumbai High Court, Writ Petition / 549 / 2001, as enclosed below

http://bombayhighcourt.nic.in/data/judgements/2009/OSWP50501.pdf

Your kind attention is drawn to email communication made to yourselves in 2009 JUL, enclosed below.

As there is nothing done about the abysmal situation, even after more than one year, it can be safely said, that the inaction on the specific order can be construed as Contempt of Court.

The highlighted portions of the said order, has not been implemented in any area in K West Ward, especially the very critical road junctions on S V Road, where autos, taxis, trucks, dumpers, courier and cash vans, soft drink delivery vans, excavators, cement concrete mixers, etc., very casually stop and park their vehicles without any worry of compounding the traffic offense, much less inconveniencing the pedestrians and public.

Chronic spots are Mahila Mandal Chowk, Irla Road junction, Vile Parle Station Road, Mitihbai, NMMIS, Bhaidas, Cooper, Juhu Shopping Complex stretch from Kala Niketan towards signal, dumpers and excavators double parked outside Kala Pradarshani Udyan, and next to Vitesse Workshop, and near Star Mall, Citi Mall, Infinity Mall and opposite where autos stand in middle of road blocking bus stops, water tankers, private tow vans, on S V Road at Gokhale Bridge, and below Gokhale Bridge opposite M A High School, in Lallubhai Park area, on Link Road, in DN Nagar area, contract buses on many side roads, trucks and dumpers on SV Road throughout, etc., etc.

Deliveries of non critical, no essentials like fruits and vegetables to illegal hawkers, and construction materials, like steel bars, pipes, fittings, etc., which are not required to be done during daylight hours, take place in full traffic, obstructing the flow, and utilising precious productive time of the commuters.

Delivery of Aarey milk products to Aarey booth outside Khira Nagar BEST bus depot which block BEST buses turning into and out of the depot, etc.

The day to day situation is worse than before the order, wholly and solely due to total inaction on part of the authorities, for reasons best known to themselves, and unfortunately, known to the Citizens at large as well.

HCV which are banned on Azad Lane and others, etc., are freely violating the no entry due to lack of enforcement as well.

Not to mention the rest of the City and Suburbs, which in effect, this order addresses.

Yeh Public Hai.

Sab Jaanthi Hai.

Jai Hind.

Jai Maharashtra.

Thank you.

Jagdeep DESAI

Architect

Secretary

Founder Trustee

Forum for Improving Quality of Life in Mumbai Suburbs

+91 98 6922 7148

>>>

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 51B,

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.

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,

TPSIV,

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, TPSIV,

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 30032001,

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. 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

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 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.)

Assistant Municipal Commissioner

Shri Mirza A BAIG

Assistant Commissioner Police
Mumbai Traffic Police

Dear Sirs,

This is in reference to the recent order of Mumbai High Court, Writ Petition / 549 / 2001, as enclosed below

http://bombayhighcourt.nic.in/data/judgements/2009/OSWP50501.pdf

Your kind attention is drawn to the highlighted portions of the said order, and hereby requested to kindly implement the same without delay in K West Ward, especially the very critical road junctions on SV Road, where autos, taxis, trucks, dumpers, courier and cash vans, soft drink delivery vans, excavators, cement concrete mixers, etc. very casully stop and park their vehicles without any worry of compounding the traffic offense, much less inconveniencing the pedestrians and public.

Chronic spots are Mahila Mandal Chowk, Irla Road junction, Vile Parle Station Road, Juhu Shopping Complex stretch from Kala Niketan towards signal, dumpers and excavators double parked outside Kala Pradarshani Udyan, and next to Vitesse Workshop, and near Star Mall, Citi Mall, Infinity Mall and opposite where autos stand in middle of road blocking bus stops, water tankers, private tow vans, on S V Road at Gokhale Bridge, and below Gokhale Bridge opposite M A High School, contract buses on many side roads, trucks and dumpers on SV Road throughout.

Deliveries of non critical, no essentials like fruits and vegetables to illegal hawkers, and construction materials, like steel bars, pipes, fittings, etc., which are not required o be done during daylight hours, take place in full traffic, obstructing the flow, and utilising precious productive time of the commuters.

I have seen delivery of Aarey milk products to Aarey booth outside Khira Nagar BEST bus depot which block BEST buses turning into and out of the depot, etc.

There are many other areas in K West, which you are kindly requested to take action as well.

HCV which are banned on Azad Lane and others are freely violating the no entry due to lack of enforcement as well.

Your kind cooperation is appreciated to implement the said High Court order at the earliest.

Thank you.

Jagdeep DESAI

Architect

Secretary
Founder Trustee

Forum for Improving Quality of Life in Mumbai Suburbs

+91 98 6922 7148

>>>

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 51B,
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,
TPSIV,
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, TPSIV,
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 30032001,
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

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

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.)

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Volunteer & Convener, JNM
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