HC fumes over NMC’s double standards
| Date :27-Jun-2024 |
Staff Reporter
In a stern rebuke to the Nagpur Municipal Corporation (NMC), Justice Nitin Sambre, on Wednesday, slammed the officials for failing to address encroachments by hospitals at parking spaces in their respective premises. Questioning the longevity of these illegal structures, Justice Sambre queried, “Has this illegality persisted for years without your knowledge ?” He pointed out the double standard in enforcement drive by NMC, and orally remarked, “When an ordinary citizen constructs an illegal structure of mere three or five feet, NMC officials swiftly demolish it without notice. Yet, illegal constructions ranging from 3,000 to 5,000 sq ft by hospitals go unnoticed for years!” These remarks were made during a hearing before the Division Bench of Justice Nitin Sambre and Justice Abhay Mantri, who were addressing a Public Interest Litigation (PIL) about parking issues in Dhantoli and Ramdaspeth areas.
After reviewing documents submitted by the NMC, Justice Sambre remarked, “Your officers were sleeping tight for years. You seemed unaware of the issue. Can such widespread encroachment happen without your support?” Stressing a need for action against illegal encroachments, the bench scrutinised each page of the NMC’s submission and questioned the officials extensively. The court expressed shock upon discovering that hospitals in Dhantoli had encroached upon parking slots, with encroachments measuring between 3,000 to 5,000 square feet. When the NMC’s counsel claimed the encroachment was removed in 2015, the court queried whether these structures had been rebuilt. Additionally, the court noted complaints that some doctors had locked parking spaces inaccessible to patients and hospital staff.
The issue stems from two public interest litigations filed by the Dhantoli residents highlighting the parking problems due to hospitals in Dhantoli and Congress Nagar. The High Court had previously ordered the construction of a one-way lane in Dhantoli, along with issuing notifications for several one-way roads in the area. However, these directives remain unimplemented to date which led to increased difficulties for commuters and residents due to encroachment on parking spaces. Following a review of the NMC’s affidavit, the court ordered verification of its contents by July 22 and scheduled the next hearing for July 24. Adv Ashwin Deshpande represented petitioner Dhantoli Nagarik Mandal.
Court slams traffic police too
The court also criticised the Traffic Police for rampant encroachments on city streets going unchecked. Notably, a traffic management and parking plan for Dhantoli was formulated by the city police in the year 2017 during the tenure of the then Commissioner of Police Dr K Venkatesham. The High Court directed the Traffic Police to revisit the policy. It also mandated the Commissioner of Police to appoint a Law Officer for the DCP Traffic office within 15 days.
Similar irrgularities by tutions classes: HC
During the hearing, Justice Sambre also orally remarked, “Tution classes also are adopting the same practice.” He pointed the misuse of parking spaces by the tution classes.