The “excessively harsh” parking and towing circular of the BMC had taken its first hit the legal team, by a housing society in Malabar Hill.
“Unconstitutional” and “colourable exercise of power” to “hold citizens to ransom and forever keep them in terror” were the words used to describe the BMC by The challenge.
Residents of Chandralok ‘B’ Building CHS in Malabar Hill and its resident Jignesh Shah stated that the action by BMC is a violation of right to life.
The BMC earlier this month has been imposing large amount of fines for parking within 500 metres from the public parking. Hence a petition was filed before the Bombay High Court.
The petition was filed by solicitor Vikram Trivedi of the law firm MKA, who demanded the taking down of BMC circular as “bad in law”. There was a 1000% increase in the fines laking any explanation. The fines were Rs.5000 for 2 wheelers and Rs.10,000 for 4 wheelers.
In the petition one of the arguments was that the BMC was not legally allowed to impose those fines on those neglected vehicles. It fell under the category of the Motor Vehicles Act.
The occupants said that the penalty is highly “disproportionate. The administration of BMC had done “absolutely nothing” to provide them parking facilities for the city residents but they were now ready to punish them, leading to “great hardship” to the public.
The petition said “The absurdity of the punishment sought to be imposed is evident from the fact that parking on the street now attracts more fine than negligent driving or driving under influence,” the BMC was asked to “sought to appropriate powers vested exclusively with the legislature”. A central law, Motor Vehicles Act which was enacted 30 years ago deals with the penalties to unattended vehicles.
Once Parliament has enacted such a special law, even the state cannot enact any laws on the same subject, except under powers granted under the act itself, said the petition.
The petition stated “Under no circumstances can the BMC issue any circular on subjects covered by the central legislation,”saying only this ground was enough to set aside the BMC’s step.
Courtesy/By: Shravani Sharma
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13 Jul 2019
