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Synopsis

The Bombay High Court has recently ordered the removal of seven mechanized cantilever car parking spaces (stack parking) while observing that relaxation of rules cannot be permitted if it adversely affects public safety.

“Obviously, therefore, if it is demonstrated that the relaxation adversely affects safety, fire safety, and public safety that no such permission can be granted or if granted is liable to be immediately revoked,” the order reads.

A division bench of the high court, comprising Justice GS Patel and Justice Kamal Khata, was hearing a petition filed by Ophthalmologist Rahul Jain, who challenged the decision to set up seven mechanized cantilever car parking spaces as it was blocking the entrance of his premises.

The parking system was required as the developer had amended the development plan to add two additional floors.

The developer had obtained the approval of the Municipal Corporation Greater Mumbai (MCGM) and the fire department for the building being developed in the western suburbs of Borivali.

While ordering the removal of the parking area, the division bench said that there is no principle in the statute that says that those staying in expensive high rises have greater safety than those who do not..

“We can hardly countenance a government officer going into a congested area in Girgaum, Dongri, or Gamdevi and saying that no fire engine will ever come to the rescue and still hope to escape from those areas unscathed. There is no principle in statute let alone in equity by those who live in expensive high rises have greater safety priority than those who do not. The sooner the MCGM’s CFO understands it the better,” the order reads.

In its order, the bench also stated that the stack parking has completely undermined the safety, fire safety, and public safety not only of members of the Society but also of children, older people, and perhaps even passersby.

The high court recorded in its order that the MCGM will send a notice to the owner of the Society to remove the illegally installed seven mechanized cantilevered car parking spaces.

Case title: Rahul Jain vs MCGM & Ors