Mumbai, Jan 29: The State Human Rights Commission (SHRC) is hearing a complaint filed by a Bandra Kurla Complex (BKC)-based resident against the Municipal Corporation of Greater Mumbai (MCGM) and the Joint Commissioner of Police (Traffic), Mumbai, after his car — despite being parked in a legally approved parking lot — was fined on the ground that the space was not manned by the parking contractor.
The complaint copy reads that just because the licence of the contractor manning the parking lot was not renewed, the MCGM’s legally allotted parking space was termed an illegal parking space, and the complainant was fined.
Allegations of harassment
The complainant, Sunil Shah, has alleged that the conduct of the authorities in penalising citizens who park their vehicles in MCGM-designated parking lots amounts to harassment and has resulted in the violation of not only his human rights but also those of other Mumbaikars. He has therefore urged the SHRC to direct the police department to refund the fine amount collected from him in March 2025.
MCGM report placed on record
Based on the complaint, the SHRC directed the MCGM to file its reply. The Assistant Engineer of the Municipal Corporation of Greater Mumbai placed a report on record stating that the “pay and park” scheme at the concerned location had not been closed, although the contract period of the parking vendor had expired at the relevant time when the complainant’s vehicle was fined for alleged illegal parking.
The Commission, in its order, noted that as per the municipal report, vehicles could still be legally parked at the designated parking space earmarked by the MCGM.
Police report confirms fine
Meanwhile, a report submitted by the in-charge Police Inspector of the BKC Transport Division, Mumbai, confirmed the complainant’s claim that the vehicle parked at the said location was proposed to be towed, following which the complainant paid a penalty of Rs 500.
Commission’s observations
In its observations, the Commission stated that the central issue for consideration is whether, in a situation where parking is legally permitted at an MCGM-designated parking lot, the police department is justified in recovering a penalty by treating the vehicle as illegally parked.
The Commission further noted that upon receiving notice of the complaint, the police department ought to have rectified its mistake. “Instead, the department appears to have aggravated the matter, leading to an apparent violation of the human rights of not only the complainant but also of other vehicle owners who had parked their vehicles at such designated parking spaces,” the order read.
The Commission observed that, in light of the complaint, the department ought to have suo motu refunded the fine or penalty collected from vehicle owners at the concerned designated parking location.
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Traffic police response
Meanwhile, the Joint Commissioner of Police (Traffic), Mumbai, appeared before the Commission and informed that since the litigation in question is not adversarial in nature, he would examine the issue and attempt to resolve the matter at the earliest.
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