Nagpur: In a stern and uncompromising order, the Nagpur Bench of the Bombay High Court on Tuesday came down heavily on hospitals that have brazenly converted designated parking spaces into commercial establishments, flouting court directions for over a decade. The court not only warned of crippling financial penalties but also pulled up the city’s traffic administration after a court-appointed inspection exposed glaring contradictions in an official affidavit.
Hearing a long-pending Public Interest Litigation filed by Dhantoli Nagrik Mandal, the Division Bench of Justice Anil Kilor and Justice Raj Wakode expressed serious displeasure that despite repeated directions since 2012, several hospitals continue to misuse sanctioned parking areas for commercial gain.
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The bench observed that earlier orders had failed to bring compliance due to what authorities described as “practical difficulties.” Unimpressed with this explanation, the court decided to shift gears and impose a stricter enforcement model.
Four times commercial rate as penalty
In a significant move, the court directed the Public Works Department (PWD) to submit prevailing commercial rental rates for such properties within two weeks. Based on those rates, the Nagpur Municipal Corporation (NMC) has been ordered to issue show-cause notices to all defaulting hospitals.
The hospitals will be asked to explain why they should not be charged a penalty equivalent to four times the applicable commercial rental rate every month for illegally using parking spaces for business purposes. They will be given four weeks to respond.
The bench made it clear that the crackdown may not remain confined to a handful of hospitals. It indicated that the scope of the proceedings could be widened to cover the entire city, and that commercial complexes misusing designated parking areas may also come under scrutiny.
“The law applies equally to all,” the court asserted, signalling zero tolerance for continued violations.
Advocate Ashwin Deshpande represented the petitioners. The matter will be heard next on February 16.
Penalty money to fund treatment for poor
In a significant social directive, the High Court clarified that if penalties are eventually imposed and recovered, the funds will be earmarked exclusively for the treatment of poor patients and other public welfare initiatives. The court will decide on the final recovery after considering the explanations submitted before the NMC.
Traffic administration under scanner
The court’s sharp scrutiny extended beyond hospitals to the city’s traffic management machinery.
The bench examined an affidavit filed by the Assistant Commissioner of Police (Traffic), claiming strict enforcement of traffic regulations in Sitabuldi, Dhantoli and Ramdaspeth as per official notifications. However, after the petitioners alleged chaos on the ground, the court appointed Advocate J. B. Gandhi as a one-man inspection committee for an immediate spot verification.
The advocate, accompanied by Constable Mahesh Nayak, inspected the notified roads and submitted a prompt report that contradicted the ACP’s affidavit. The ground reality, particularly concerning parking violations and traffic discipline, was reportedly far from what had been officially claimed.
Taking serious note of the discrepancy, the court directed the Traffic ACP to explain why action should not be initiated against him for filing an incorrect statement on affidavit.
“After considering the explanation, this court will determine the further course of action,” the bench remarked, underscoring the seriousness of making inaccurate submissions before the court.
With hospitals accused of monetising public parking space and traffic authorities facing questions over accountability, the High Court’s tough stance signals that institutional complacency and regulatory defiance will no longer go unchecked.
