Mumbai, May 28: The Bombay High Court has granted interim relief until June 15 to residents of Ekta Meadows Cooperative Housing Society in a dispute over parking on a proposed Development Plan (DP) road in Borivali East, directing authorities not to act on a police communication warning against unauthorised parking.
Court grants interim protection
A vacation bench of Justice Shyam Chandak and Justice Shreeram Shirsat passed the order while hearing a petition filed by the society against a May 19 communication issued by the Senior Police Inspector of the Dahisar Transport Department, which cited potential obstruction of emergency services.
The society, comprising residential Wings A to G at Khatao Estate, claimed that its members have been using the internal road area for parking for several years in accordance with the approved building layout and sanctioned plans. According to the petition, residents park vehicles within the society premises and not in a manner that obstructs public movement or emergency access.
Society challenges proposed road conversion
The petition stated that the society was built in 2007-08 and that the developer simultaneously handed over an internal private access road. The occupation certificate and sanctioned plan mention a 12-metre-wide internal access road.
The society alleged that it learnt in August 2018 that authorities were considering converting it into a public road. It subsequently addressed several letters to the authorities but allegedly received no satisfactory response.
The petition further claimed that the May 19 communication was issued without granting the society a hearing or passing a reasoned order.
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Senior advocate Uday Warunjikar, appearing for the society, argued that while authorities claimed possession of the land, the communication “does not claim that some steps have been taken by the corporation towards development of the proposed DP road”.
He also assured the court that residents would not park vehicles in a manner obstructing emergency services.
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