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Duty of traffic cops to remove illegally parked vehicles: High Court

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To ensure easy access to emergency services like the fire brigade to a society housing 116 members off Peddar Road, the Bombay high court, on Wednesday, directed the traffic police to take action against illegal parking in the lane leading to the building.

A division bench of justices Ranjit More and Anuja Prabhudessai which issued the directive to the traffic police, said: "How can the society remove the parked cars on a public road? It's the duty of the cops to do that."

The court was hearing a petition filed by Mount Unique Cooperative Housing Society through its secretary Kamlesh Gupta. The society had challenged the notice issued by the fire department on January 5, 2013, to it under section 6 and Rule 9 (1) of the Maharashtra Fire Prevention and Life Safety Measures Act, 2006. The notice had directed the society to remove illegally parked cars on the public road as they would be a hindrance to the fire brigade from reaching the building in case of a fire.

Counsel Shyam Marwadi and advocate Monika Ingle argued before the court that it was not possible to stop society members or other people from parking their cars on the public road. The society, as such, was not responsible for the parking, and it was the duty of the police to ensure that there was no illegal parking.

Additional public prosecutor Jayesh Yagnik opposed the petition stating that it was the society members who had been parking their cars outside, and that there had to be some self discipline.

The court however deferred from the view of the prosecution and said: "You have to take action."

Accordingly the court directed the traffic police to take action against illegally parked cars, and disposed of the petition.

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