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In Space-Starved City Like Mumbai, Seized Or Abandoned Vehicles Can't Be Dumped In Public Places: HC

Bombay High Court directs Mumbai police to strictly dispose of abandoned vehicles, avoiding public obstruction, with continuous action and clear accountability for violations.

Mumbai's streets, gasping for space, can no longer double as graveyards for abandoned vehicles, the Bombay High Court has said with a clear order to all police stations for strict implementation of the traffic police's directives for disposal of such vehicles.

A bench of Justices G S Kulkarni and Advait Sethna said mere dumping of such vehicles at a dumping yard won't suffice and called for continuous action to dispose of them.

The order was passed on May 8.

"In a city like Mumbai, which has an acute scarcity of space and limited space on public roads and footpaths, such public spaces cannot be encroached by dumping or storing vehicles seized or confiscated by the police," the bench said.

The court was hearing a petition filed by Marathon Maxima Co-op Housing Society, which raised concerns about parking/dumping of towed or confiscated vehicles by a nearby police station outside the society's gates, causing obstruction.

The additional commissioner of police, traffic department, in an affidavit, said a communication was issued to all police stations across the city last month, advising that all abandoned or confiscated vehicles shall be moved to a dumping yard.

The bench urged the state government to identify convenient locations in each civic ward to dump confiscated or seized vehicles.

"Merely dumping of the vehicles at the dumping site would not suffice. In the event these vehicles are no longer required, a continuous action is required to be taken to dispose of these vehicles, for which appropriate advisory needs to be issued," the court said.

The court posted the matter for further hearing on July 2 and asked the traffic department to mention the steps it proposes to take for a long-term solution to the issues raised in the plea.

It further said the directives issued in the communication have to be meticulously followed by all police stations.

The bench directed the officer in-charge of police stations to adhere to the directions and not accumulate vehicles outside police stations.

"We clarify that the directions issued by the traffic department ought not to fall on deaf ears and needs to be strictly followed and implemented by the police stations," the court said.

It further stated that any breach of the orders will invite appropriate departmental action against the concerned officer.

As per the traffic police's affidavit, a contract has also been awarded to a private company by the Brihanmumbai Municipal Corporation to identify and scrap such abandoned vehicles. 

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