M/S SPARK DEVELOPERS & AJAY DESAI Vs. STATE OF MAHARASHTRA & ORS.
LAWS(BOM)-2017-11-173
HIGH COURT OF BOMBAY
Decided on November 02,2017

M/S. Spark Developers And Ajay ... Appellant
VERSUS
State Of Maharashtra And 7 Ors Respondents

JUDGEMENT

RIYAZ I.CHAGLA,J. - (1.) By this writ petition, the petitioner seeks a direction to the respondent nos.1 to 3 to implement the order of the Additional Commissioner of Police, Traffic, Mumbai dated 18.12.2010 and to ensure that there is no parking of vehicles on the stretch of the D.P.Road as mentioned in the said order. The petitioner has also sought a direction against the corporation- authorities and the State Government to remove the encroachment on the side of the D.P.Road as specified in the prayer clauses.
(2.) The learned counsel for the petitioner states that the petitioner is a developer and is developing a SRA scheme on the D.P.Road which is facing the SRA building that is sought to be constructed. It is stated that there is a BEST sub-station and BEST depot near the D.P.Road with the result that there is severe traffic congestion on the said D.P.Road. It is stated that despite the directions of the Additional Commissioner of Police, Traffic, Mumbai dated 18.10.2010 prohibiting the parking of vehicles on the D.P.Road, Worli from its junction with Narayan Hardikar Marg to its junction with Veer Nariman Road throughout the day, there is illegal parking of vehicles on the said stretch of the road. It is stated that the directions of the Additional Commissioner of Police, Traffic, Mumbai are not implemented by the traffic police and the illegal parking of vehicles continues on the stretch of the D.P.Road. It is submitted that the corporation-authorities have not removed the encroachment on the side of the D.P.Road. It is stated that if the order of the Additional Commissioner of Police, Traffic, Mumbai is implemented and if the corporation-authorities take appropriate steps for the removal of the encroachment, then the traffic congestion on the road would be greatly reduced.
(3.) Mr.Upadhyay, the learned Assistant Government Pleader appearing on behalf of the State Government submits by referring to the affidavit-in-reply that the illegal taxi stand from the side of the D.P.Road is removed. It is stated that patrolling by the traffic police is done every two hours to ensure that vehicles are not parked on the concerned stretch of the D.P.Road. It is stated that all efforts are being taken to implement the order of the Additional Commissioner of Police, Tafffic, Mumbai dated 18.12.2010.;


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