A public interest litigation (PIL) has been filed in the Bombay High Court seeking restrain on the Brihanmumbai Municipal Corporation (BMC) from constructing an underground parking lot below the Patwardhan Park in Bandra West.
The plea by three activists — Zoru Bathena, Samarth Das and Alan Abraham — contends that the decision was taken by the BMC based on an erroneous and misleading report by its Parking Authority which failed to take into consideration available parking spaces in the area.
Plea seeks restrain against BMC from carrying out work on park
The plea was mentioned by their advocate Zaman Ali before a division bench of Acting Chief Justice SV Gangapurwala and Justice Sandeep Marne on Thursday which has kept it for hearing in June.
It seeks that the BMC and the authorities concerned be “permanently restrain from carrying out any excavation or removal of natural earth or mud for the construction of a underground car parking lot or for any other project of similar nature at Patwardhan Park”. Not only the entire basis to reach a decision to construct an underground parking system being arbitrary as no alternatives have been considered but any such excavation for the basement of upto two floors will lead to loss of a natural sponge that protects the flood-prone surrounding regions upto SV Road, Bandra West and cause large-scale urban flooding, adds the plea.
It points out that in 2018-19, the BMC shelved the plan to construct an underground parking below Patwardhan Park on account of public objections and outcry. Even recently, Despite several objections raised by the residents, the BMC has decided to go ahead with the plan.
BMC survey report false, misleading, challenges plea
The civic body contended that it conducted a study and a report was prepared by its Parking Authority which pointed out requirement for a parking space in the area. However, the plea contends that the report contains “false, misleading and erroneous information and conclusions”.
There are existing parking spaces in Bandra West — those of mercantile establishments, BMC Pay and Park parking slots and parking slots on public roads in the vicinity — which the BMC has failed to verify.
In addition, the plea points out that the corporation has failed to check the misuse of available parking spaces in the vicinity of Linking Road and the same have been encroached upon.
The Maharashtra government peppered the Mumbai Climate Action Plan which aims to preserve open spaces and mitigate steps for climate change. “The actions of Respondent authorities run contrary to the Mumbai Climate Action Plan prepared by Government of Maharashtra and Respondent Corporation which clearly provides for retaining and maintaining open spaces without any further change in land-use to avoid surface run-off that leads to flooding in the city,” the PIL contends.
The DCPR 2034 provides for constructing underground parking lots below roads and other infrastructural spaces. These alternatives have not been considered at the time of taking the decision to construct below Patwardhan Park. Besides the Parking in a Town Planning Scheme (TPS) Recreational Ground is not permissible.
“Patwardhan Park, being over 1 hectares in area with a tree canopy density of more than 10 percent, is a forest as defined by MoEF&CC and that no parking can be built in such protected forest areas,” the plea adds.
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