LI Network
Published on: February 1, 2024 at 13:00 IST
The Bombay High Court has issued an order for the removal of stack parking from a residential building, emphasizing that if such a relaxation adversely impacts public safety, it cannot be permitted.
The case, presented in response to a writ petition filed by resident Rahul Jain from Borivali (West), challenged the implementation of stack parking in the building.
A Division Bench comprising Justice G.S. Patel and Justice Kamal Khata stated, “If it is demonstrated that the relaxation adversely affects safety, fire safety, and public safety, no such permission can be granted or, if granted, is liable to be immediately revoked.”
Background:
The Court order, dated January 24, outlined the issues related to stack parking in the society premises, introduced as an addition due to amended plans for two additional floors.
The Court stressed that any relaxation must not compromise health, safety, fire safety, structural safety, and public safety.
Court Observations:
The Court noted that stack parking posed significant threats to safety, including fire safety and public safety, affecting not only society members but also children, older individuals, and potentially passers-by.
Addressing the Chief Fire Officer’s admission that no fire tender could navigate past the stack parking, the court expressed concern. It rejected the notion that fire engine access is unnecessary for buildings with less than 13 floors, emphasizing that safety priority should not be determined by the height of the building.
The court urged the Municipal Corporation of Greater Mumbai (MCGM) to address the application for a change of permitted use promptly and dispose of it according to the law. It clarified that the decision doesn’t negate the municipal requirement for additional floors to have in-house parking spaces but deems the proposed stack parking as unacceptable per Development Control Regulations.
The High Court directed the MCGM to process the application within three weeks, urging occupants to propose alternative solutions that comply with regulations.
Case Title: Rahul Jain v. Municipal Corporation of Greater Mumbai & Ors. (Neutral Citation: 2024:BHC-OS:1524-DB)