Bombay High Court orders Maharashtra to frame policy to deal with vehicles seized and dumped in public spaces

The Bombay High Court recently directed the Maharashtra government to formulate and place on record a clear policy to address the growing problem of vehicles seized by the police and dumped or parked at public places particularly around police stations in Mumbai [Marathon Maxima Co.Op. Housing Society v BMC ].A bench of Justice GS Kulkarni and Justice Advait Sethna directed the police to create a mechanism to promptly shift seized vehicles to designated storage areas instead of parking them in public spaces.The order was passed on a petition filed by the Marathon Maxima Co-operative Housing Society in Mulund which raised concerns over seized vehicles being parked on open private land near their premises. The society pointed out that the vehicles, often left unattended for years, were an “eyesore” in otherwise clean surroundings and created insurmountable public inconvenience to residents and pedestrians..The Court took strong exception to the continued inaction of the authorities, especially given that it had already raised the issue two years ago. In April 2023, a coordinate bench that included Justice GS Kulkarni had asked to frame a policy to govern the management of such seized vehicles. Despite nearly two years having passed, there had been no compliance, the Court noted in its order of April 8. “In Mumbai, open spaces are not available and are a major constraint, hence parking/dumping of seized vehicles cannot be resorted to, 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 public at large,” the Court said..The Court said such illegal occupation of roads, pavements and private lands worsened the already dire situation for pedestrians. “In our opinion, for a city like Mumbai or any other city which encompasses constraints on open spaces, encroachments on footpath, pavements etc. which itself makes the life of pedestrians miserable and added to such woes, are the problems of such illegal parking on open public spaces, pavements/footpaths and in the surroundings of the police stations.”It further criticized the passive approach of the civic and traffic authorities. “When pedestrians themselves cannot normally move on roads and footpaths, the Traffic Department cannot remain a mute spectator on these issues,” the Bench said..In light of the above, the Court asked the Additional Commissioner of Police (Traffic) and the Inspector General of Police of Maharashtra to prepare a detailed mechanism to ensure that seized vehicles are moved immediately to designated storage areas and not left in public or residential spaces. It directed that a policy be framed under the supervision of the Principal Secretary (Home Department) and submitted to the Court.The matter will next be heard on April 29..Advocate Seema Chopda appeared for the housing society.Advocate Jyoti Mhatre instructed by advocate Komal Punjabi represented the Municipal Corporation and Mumbai Fire Brigade.Government Pleader PH Kantharia appeared for Joint Commissioner of Police (Traffic).Advocate Kiran Gandhi instructed by Little & Co appeared for Maharashtra State Electricity Distribution Company Limited..[Read Order]