In an interim order, the Bombay High Court directed the traffic police not to take action against vehicles of members of a Borivali (East) housing society whose internal road is proposed as a public road under the development plan. Justices Shyam Chandak and Shreeram Shirsat on Monday also directed that the housing society shall not allow the parking of the vehicles of its members in an unauthorised manner, thereby causing an obstruction to ambulances, fire brigade vehicles, and other emergency services passing through the proposed DP road.
Background of the Case
Ekta Meadows CHS, comprising seven wings and 420 flats, challenged the Brihanmumbai Municipal Corporation's illegal, arbitrary, and unauthorised action seeking to appropriate their 12-meter private internal layout road without acquisition proceedings. During the DP preparation process in 2018, when the society learned about the proposed conversion to a public road, it objected to it. Since November 2025, the BMC has been writing to the society for possession of the internal road for widening and to provide access to two adjoining landlocked plots.
Traffic Police Notice
On May 19, the senior inspector of Dahisar traffic division wrote to the society stating that the proposed DP road is with the BMC. The notice warned that unauthorised parking of residents' vehicles may obstruct emergency services vehicles like ambulances and fire brigades, and action would be taken against such vehicles. Consequently, the society approached the vacation court seeking relief.
Court's Observations and Orders
The judges noted that the May 19 communication does not state that the BMC has taken any steps towards developing the DP road. Advocate Uday Warunjikar, representing the society, submitted that members have been parking their vehicles as per the approved plan and will not park them in any unauthorised manner. In view thereof, the respondent shall not act upon the communication dated May 19 till the next date, the judges directed, posting the hearing on June 15.
