HC orders removal of unsafe stack parking in Borivali building
The division bench comprising justices Gautam Patel and Justice Kamal Khata passed the order in response to a petition filed by ophthalmologist and Borivali resident Rahul Jain, who contended that the seven stack parking spaces obstructed the entrance to the building and posed a safety hazard
MUMBAI: The Bombay high court has ordered the removal of seven mechanised cantilever or stack car parking spaces from a residential building in Borivali as they were posing a serious threat to public safety.
The division bench comprising justices Gautam Patel and Justice Kamal Khata passed the order in response to a petition filed by ophthalmologist and Borivali resident Rahul Jain, who contended that the seven stack parking spaces obstructed the entrance to the building and posed a safety hazard.
According to Jain’s plea, the stack parking system was deemed necessary due to amendments in the building’s plans to accommodate two additional floors. The developer obtained approvals from the Brihanmumbai Municipal Corporation (BMC) and the fire department for construction of the stack parking spaces.
Expressing displeasure with the chief fire officer’s claim that fire engines would not be required for buildings with less than 13 floors, the court criticised the prioritisation of safety based on the cost of living in high-rises.
“There is no principle in statute let alone in equity that those who live in expensive high-rises have greater safety priority than those who do not. The sooner the MCGM’s (civic body’s) CFO (chief fire officer) understands it the better,” the division bench said, noting that the seven stack parking spaces completely undermined fire safety measures, rendering it impossible for fire tenders or ambulances to navigate through the premises during emergencies.
The bench also questioned the relaxation of fire safety norms in the Development Control and Promotion Regulations (DCPR), highlighting the need to prioritise health, safety, fire safety, and public safety in building modifications.
In its ruling, the court declared the construction of stack parking spaces as illegal and instructed the civic body to send a notice to the society for immediate removal of the unlawfully installed parking spaces.
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