High Court Mandates Policy for Seized Vehicle Management in Mumbai

 

High Court Mandates Policy for Seized Vehicle Management in Mumbai

By Abhishek Jat, Advocate

In a significant judicial intervention addressing urban congestion issues, the Bombay High Court has directed authorities to formulate a comprehensive policy regarding the management of seized vehicles in Mumbai. The Division Bench comprising Justices G.S. Kulkarni and Advait M. Sethna has instructed the Additional Commissioner of Police (Traffic Division) and the Inspector General of Police to develop a concrete mechanism for the proper handling of confiscated vehicles.

The case, Marathon Maxima Co-operative Housing Society v. Municipal Corporation, Greater Mumbai (Writ Petition No. 1545 of 2023), highlighted the growing problem of seized vehicles being indiscriminately parked or stored on public roads, pavements, and areas surrounding police stations. This practice has significantly impeded pedestrian movement and exacerbated Mumbai's already strained urban infrastructure.

The Court emphasized that Mumbai's severe space constraints necessitate prudent utilization of available public areas. The current practice of abandoning seized vehicles on roadways not only creates visual pollution but also poses safety and security concerns, particularly when these vehicles accumulate near police stations. The bench expressed concern that despite these issues, the Municipal Corporation had failed to address these encroachments, seemingly due to their association with law enforcement agencies.

During proceedings, the Court noted that despite a previous directive issued on April 13, 2023, authorities had yet to implement a policy framework for managing seized vehicles. This administrative inaction prompted the Court to mandate that a formal policy be developed under the guidance of the Principal Secretary, Home Department, with the finalized framework to be presented before the Court in subsequent hearings.

The judicial directive represents a significant step toward resolving the longstanding issue of improper storage of seized vehicles. By ordering authorities to ensure that confiscated vehicles are immediately transported to appropriate storage facilities rather than occupying public spaces, the Court has prioritized public convenience and urban functionality.

The matter has been scheduled for further hearing on April 29, 2025, when authorities are expected to present their proposed policy solutions to address this persistent urban management challenge.

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