Bombay High Court
M/S. Spark Developers And Ajay ... vs State Of Maharashtra And 7 Ors on 2 November, 2017
Bench: Vasanti A. Naik
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O.C.C.J.
WRIT PETITION NO.3023 OF 2016
M/s Spark Developers & Ajay Desai .. Petitioners
vs
State of Maharashtra & ors .. Respondents
with
CHAMBER SUMMONS NOS.82 & 84 OF 2016
in
WRIT PETITION NO.3023 OF 2'016
M/s Spark Developers & Ajay Desai .. Applicants
vs
State of Maharashtra & ors .. Respondents
Mr.Rohan Mahadik for Petitioners/Applicants
Mr.U.S.Upadhyay Asst.Govt.Pleader for State
Ms.Pallavi Thakar for MCGM
Coram : SMT.VASANTI A.NAIK AND
RIYAZ I CHAGLA, JJ
Date : 2nd NOVEMBER 2017
P.C.
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 petitioner has also
sought a direction against the corporation- authorities and the State
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Government to remove the encroachment on the side of the
D.P.Road as specified in the prayer clauses.
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. It is stated that there is a BEST sub-station and BEST
depot near the D.P.Road with the result that there is severe traffic
congestion on the said D.P.Road. It is stated that despite the
directions of the Additional Commissioner of Police, Traffic, Mumbai
dated 18.10.2010 prohibiting the parking of vehicles on the
D.P.Road, Worli from its junction with Narayan Hardikar Marg to its
junction with Veer Nariman Road throughout the day, there is illegal
parking of vehicles on the said stretch of the road. It is stated that
the directions of the Additional Commissioner of Police, Traffic,
Mumbai are not implemented by the traffic police and the illegal
parking of vehicles continues on the stretch of the D.P.Road. It is
submitted that the corporation-authorities have not removed the
encroachment on the side of the D.P.Road. It is stated that if the
order of the Additional Commissioner of Police, Traffic, Mumbai is
implemented and if the corporation-authorities take appropriate
steps for the removal of the encroachment, then the traffic
congestion on the road would be greatly reduced.
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Mr.Upadhyay, the learned Assistant Government
Pleader appearing on behalf of the State Government submits by
referring to the affidavit-in-reply that the illegal taxi stand from the
side of the D.P.Road is removed. It is stated that patrolling by the
traffic police is done every two hours to ensure that vehicles are not
parked on the concerned stretch of the D.P.Road. It is stated that all
efforts are being taken to implement the order of the Additional
Commissioner of Police, Tafffic, Mumbai dated 18.12.2010.
Ms.Thakar, the learned counsel for the corporation
submits that on the side of the D.P.Road, there are in-eligible
structures/encroachment. It is stated that 22 illegal/in-eligible
structures were removed by the corporation-authorities by
conducting a drive on 9.3.2017 but it appears that the structures
have been again erected illegally on the same stretch of land. It is
submitted that the corporation and its authorities would
continuously take steps for the removal of encroachments. It is stated
that police protection would be sought for as and when required.
On hearing the learned counsel for the parties, it
appears that the State Government has removed the illegal taxi-stand
and if there is illegal parking of vehicles on the stretch of the road
with which we are concerned, the traffic police would ensure that
patrolling is done every two hours for the removal of the vehicles
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that are illegally parked. The State Government should time and
again give police protection to the corporation-authorities and its
staff whenever a drive for removal of encroachment is undertaken by
the corporation and the corporation requires the help of the police
authorities for the removal of the encroachment. We find from the
affidavit-in-reply filed on behalf of the corporation that 22 illegal
structures were removed on 9.3.2017. If the structures have again
come up on the stretch of the land, it would be the duty of the
corporation to time and again take steps for the removal of the illegal
structures/encroachment.
Hence, in the circumstances of the case, we dispose of
the writ petition with a direction to the State Government to ensure
that the order of the Additional Commissioner of Police, Traffic
Mumbai dated 18.12.2010 is implemented. We accept the statement
made on behalf of the State Goverment that there would be police
patrolling on the stretch of the road every two hours to ensure that
vehicles are not illegally parked on the stretch of the road mentioned
in the order dated 18.12.2010. Since it is the case of the corporation
that illegal structures have again come up on the side of the
D.P.Road, it would be necessary for the corporation to immediately
take steps for the removal of the said structures. If at all the
corporation staff requires police protection for the removal of illegal
structures/encroachments, then the police protection should be
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sought for. We direct the corporation to remove the illegal
structures on the side of the road within three weeks. The State
Government is directed to grant police protection to the corporation-
authorities and its staff as and when the same is required by the
corporation and is requested for. With these observations and
directions, we dispose of the writ petition with no order as to costs.
With the disposal of the writ petition, the Chamber
Summons also stands disposed of.
(RIYAZ I.CHAGLA J) (SMT.VASANTI A.NAIK, J)
