'Easy To Point Finger At Authorities': Bombay HC In Senior Citizens' PIL Against Illegal Parking, Asks Them To Try Creating Awareness

While hearing a PIL seeking action against illegal parking near a railway station, the Bombay High Court asked the petitioners whether they would visit the station between 10 am and 5 pm to "create awareness" on the issue. 

A division bench of Chief Justice Alok Aradhe and Justice MS Karnik remarked that 'public spirited persons' should provide a remedy to the problem, instead of just making complaints and pointing fingers at authorities. 

CJ Aradhe orally remarked, "Why don't you initiate creating public awareness that it is illegal...petitioner, except for filing PIL..what you do is undertake a campaign and create awareness among people that parking here is illegal and it causes inconvenience to public in general. Initiate a campaign and give us a report on next date..how many people you could convince to not park."

The PIL was filed by a few senior citizens alleging illegal parking near Vikhroli Railway Station Road. The petition alleges that due to the illegal parking of vehicles, inconvenience is being caused to the public. 

Calling the PIL filed by senior citizens a “luxury litigation”, CJ Aradhe expressed, "Petitioners should contribute to remedy of the problem. Instead of pointing fingers that they are not doing this...all the time charging the authorities with inaction. You do not have any experience of administration. It is very easy to say they are not doing this...Our job is not to do all this, our job is to decide cases of litigants who come to the court with substantive rights. This is luxury litigation."

The Court asked the petitioners' counsel if there is any material to show illegal parking and noted that it cannot accept the allegations simply based on the petitioners' statements. 

"What is the material to show that it is being done...Yours statement is not sufficient...They (senior citizens) are in the habit of making complaints. They are against the system and they only know how to make complaints." CJ Aradhe orally noted. 

The petitioners' counsel said that he would file an affidavit to show that the BMC has not doing anything to prevent illegal parking.

On the other hand, the State counsel submitted that they are not permitting any illegal parking in the area. The counsel submitted that the authorities are patrolling the area and that actions have been taken against around 830 illegally parked vehicles. 

The petitioner's counsel then asked for time to take instructions from his clients on whether they would like to initiate awareness campaigns. near the railway station.

The Court accordingly adjourned the matter.

Case title: Digambar Raghunath Mungekar vs The Municipal Corporation Of Gr. Mumbai (PIL/5/2025)