HC relief for Mumbai housing society residents in dispute over proposed public road

Mumbai: In an interim order, the Bombay High Court directed the traffic police not to take action against vehicles of members of a Borivali (E) housing society whose internal road is proposed as a public road under the development plan.

Justices Shyam Chandak and Shreeram Shirsat on Monday also directed that the housing society “shall not allow the parking of the vehicles of its members in an unauthorised manner thereby causing an obstruction to ambulance, vehicles of fire brigade department, etc. passing from the proposed DP road.”

Ekta Meadows CHS, comprising seven wings and 420 flats, challenged the BMC’s “illegal, arbitrary and unauthorised” action seeking to appropriate their 12 metre private internal layout road without acquisition proceedings. While the DP preparation process was on in 2018, when the society learnt about the proposed conversion to a public road, it objected to it. Since Nov 2025, BMC has been writing to it for possession of the internal road for widening and for access to two adjoining landlocked plots.

On May 19, the senior inspector, Dahisar traffic division, wrote to the society that the proposed DP road is with BMC. As unauthorised parking of residents’ vehicles may obstruct emergency services vehicles like ambulance, fire brigade etc, action would be taken against such vehicles. The society approached the vacation court.

The judges noted that the May 19 communication does not state BMC has taken some steps towards developing the DP road. Advocate Uday Warunjikar, for the society, said members have been parking their vehicles as per approved plan and will not park them in any unauthorised manner. “In view thereof, the respondent shall not act upon the communication dated May 19 till the next date,” the judges directed and posted the hearing on June 15.

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