Parking Issues and Possible Solutions in Greater Mumbai

Parking Issues and

Possible Solutions in Greater Mumbai

Today, the need of the hour is to address the issue of parking. While all the other aspects of the transportation system are generally addressed,  the softer issues, like the issue of parking, was being conveniently not studied.

This was becoming a major problem, in lanes, by-lanes, offices, malls, and even the Mantralaya. It was time to find viable options to the problem.

With this view, the ALERT CITIZENS FORUM OF INDIA conducted a holistic study of the Parking problem in the Greater Mumbai or Metropolitan Mumbai Region (MMR).

The findings and recommendations are as under :

Mumbai has climbed up to being the 5th largest City globally, and is projected to soon become the 2nd largest City, second only to Tokyo.

Though parking is a marginal issue as compared to the larger developmental issues, it needs to be considered as an economic- activity - generating business, and hence has to be seen in a positive light – it is both a static economic activity as well as a kinetic economic activity, when stationary and when in motion.

Therefore, it is necessary that a study of the impact of any new development on the urban infrastructure be mandated, especially that on the transport infrastructure.

At the same time, in order to ensure that the demands of these developments are met, an assessment of the parking demands of the various lands uses needs to be assessed.

A parking audit needs to be made of existing buildings and land uses by a team especially constituted for the same, so that the Development Control Rules (DCRs) could be modified to meet the actual demands for parking.

Parking is not a stand- alone activity- it has linkages with policy, land use and other economic activities, because a city is an organic entity that constantly reinvents itself, and therefore we need to keep redefining the norms.

In an area like Greater Mumbai, horizontal parking is no longer a viable option, and therefore we need to think about going vertically to solve the problem.

We also need to introduce and strengthen good quality public transportation in order to reduce the proliferation of personal modes and therefore the spiraling demand for parking.

Considering the enormity of the problem, it has become essential and imperative to constitute a Parking Regulatory Authority to regulate & control this activity, and ensure uniformly applicable norms across the MMR.

Focus should be on a few Demand Management measures, such as

- Creating a network of parallel one-way streets

- No parking within 15 meters of an intersection

- Discouraging long term parking

- Higher parking fees

- Congestion tax for peak hours

- No on- street parking to be permitted in the vicinity of a parking facility,

- All CHSs should be mandated to provide visitors’ parking within their premises, failing which they would have to pay a compensation to the Corporation for the inconvenience caused to the public outside.

Supply Side management of the parking demand, must be considered by :

- revising the parking norms for mandatory parking provisions

- banning all on- street parking

- not permitting residents to park outside their compound free of charge. If these housing societies do not have adequate parking within their premises, they should put up multi-storied parking within their premises, which should be free of FSI.

- residents will have to develop community parking lots through private participation.

The issue of Parking should be tackled as a governance issue, and that pricing was the best mechanism of controlling the demand.

There is also an immediate need for a Parking Policy, to keep cars off the main streets and on minor streets, and the creation of a Parking Regulatory Authority to control and regulate parking.

Issues like the Choice of locations, awarding of contracts, supervision & compliance to regulations should be integrated.

An interesting study regarding the Transportation and vehicle behavior revealed that a vehicle is in motion only for about 4% of its lifetime, the rest of the time being spent in a parking place.

The growth of personal modes has increased from 50 per 1000 population to about 97 per 1000 population between 1996 and 2005, and was projected to increase to 265 / 1000 population by 2031, when the total population is expected to touch 34 million, and the vehicular population will be 9 million.

The figures emphasized the need to plan for these large volumes of parking demand right now.

The current parking charges in Greater Mumbai are some of the lowest in the world, with a comparable city like London charging as much as 80 times that of Mumbai.

Increasing the parking charges for long term parking would reduce the demand for parking in the vicinity of high generators of demand - this action would help in re-allocating the demand for parking, but would not reduce the demand.

The removal of on- street parking would improve vehicular flow, discourage indiscriminate use of the car, while also reducing accidents by 10-20%.

While peak hour restrictions could be a first step towards banning parking, it is always

easier to monitor 24 hour parking restrictions.

The existing parking demand in Greater Mumbai shows that it is predominantly of short duration, although there is a significant amount of long duration parking, while illegal parking is rampant.

The supply of parking in MMR is again predominantly on-street, either free

and uncontrolled or charged and managed by the local Corporation, some amount of controlled off-street parking is also available, though not for visitors or for the man on the street.

Parking management should be one of the major activity of the Parking Regulatory Authority and should address the following :

- Shared parking: parking spaces can be shared by more than one user, allowing more efficient use of facilities.

- Regulated parking facility use: More convenient and visible parking spaces should be managed and regulated to give priority to higher-value trips, increase efficiency and user convenience

- Remote parking: Encouraging longer-term parkers to use off-site or fringe

parking facilities.

- Improving User Information and Marketing: Provide convenient and accurate information on parking availability and price, using maps, signs, brochures and electronic communication

- Improving Walkability: Improving pedestrian conditions to allow parkers to conveniently access more parking facilities, increasing the functional supply in an area.

- Increasing Capacity of Existing Parking Facilities: More parking spaces can sometimes be provided by using currently wasted space, sizing spaces for smaller vehicles and motorcycles, and using car stackers.

- Parking pricing: Charge motorists directly for using parking facilities, and set fees to encourage efficient use of parking facilities

- Parking Facility Design and Management: Improved parking facility design to address safety, user comfort, security and aesthetic objectives.

Parking standards should be automatically reviewed once in 10 years & incorporated in the DCR.

Parking in buildings should be monitored regularly and buildings found deficient in parking provisions should be required to pay a Parking penalty. This should be in proportion to the extent of violation with respect to the required provision.

The Parking Problem and Suggestions initiated by ALERT CITIZENS FORUM OF INDIA addresses the issues of

• On-street parking supply: It is recommended that all kerb side space within a Central Business District (CBD) should be controlled, with space allocated to specific activity, and allocation of the space to be made in a coordinated and integrated way to :

- Satisfy overall transport requirement needs

- Provide for un-obstructive / free traffic flow

- Provide parking for economically necessary and desirable activities

- Introduce more economically priced parking charges to more fully reflect road space allocation

- Satisfy road safety needs

• On-street parking controls: While it is desirable to ban all on-street parking, this may not always be possible. In such cases, where permitted, controlled provision should be made for appropriate parking activities. The parking /stopping uses should catered for short term parking for visitors, residents parking near their home, two wheeler parking, loading operations, taxi parking and bus stops and bus stands.

- Residents Parking – Where there is repeated use of street space for residential parking some street parking should be set aside.

- If current market rates of a garage in a good mid range residential area costs say xyz  Lakhs then the cost of a permit for an alternative, street parking place should be at the annual equivalent of this sort of cost.

• On-street parking should be banned: All parking and / or stopping should be excluded at

times and in places where it inhibits free traffic flow or obstructs bus movement.

- Stopping should be banned totally, to allow for the full use of the networks capacity.

- Parking should be banned either to ensure safe traffic movement, or as a part of

a wider desire to reduce parking opportunities for demand management reasons

• Off-street parking supply: Public parking such as P&P should be available to all

comers on a first come first served basis.

• Off-street parking controls and charges: The vacant plots of lands awaiting redevelopment can provide immediate off-street parking needs and the same could be operated by on a lease agreement with the developer.

- While imposing restriction to the movement of specific types of vehicles, efforts should be made to provide adequate vehicle parking facilities at the terminal or interface points

- It is suggested  that the Development Control Rules should be amended to set maximum standards, sufficient for the serving needs of a development.

Summary of Recommendations to improve Parking problem of Greater Mumbai.

1. A Parking Regulatory Authority should be constituted at the earliest

2. A Parking Audit should be conducted of existing buildings and land uses by a

team especially constituted for the same, to determine the actual parking demand

for the type of building / land use. The DC Rules need to be amended accordingly.

3. Any new development should be mandated to submit an Impact Statement, clearly

setting out the impact it will have on all urban infrastructure, especially the

transport infrastructure.

4. The parking charges should be revised upwards to reflect to some extent the real

estate value of the locality.

5. Parking contours should be drawn with the Central Business District (CBD) at the center, and the parking charges should be progressively increased towards the CBD.

6. Long term parking charges should be higher to discourage the trend.

7. There should be no commercial use permitted within any multi-storied or underground parking facilities

8. No on-street parking should be permitted, especially on arterial roads.

9. All on-street parking will be charged at a higher rate than off-street parking

facilities.

10. No on-street parking should be permitted where an off-street parking facility is

available.

11. Residents should also be required to pay commercial rates for parking their vehicles on-street, if their society does not have adequate provision for parking.

12. Owners of multiple vehicles will have to pay higher charges for the use of the

road space

13. All CHSs should be mandated to provide visitors’ parking within their premises, failing which they would have to pay a compensation to the Corporation for the inconvenience caused to the public outside.

14. Parking restrictions are to be enforced forcefully, and traffic police will need to be

Empowered to do so.

These recommendations are being submitted for your kind perusal.

Regards,

For ALERT CITIZENS FORUM OF INDIA,

Dayanand Nene (President)

Shasi Nair, Kiran Joshi, Jitendra Satpute, Dilip Kankale, Sandhya Malhotra.

Annexure to Main article.

The Problem of Car Parking

To have a Car has become necessity. It is no more status symbol.

The problem of car parking has become very difficult question in the areas of Greater Mumbai. The numbers of cars are increasing day by day. Whether it is parking on the public road or at public places car in the compounds of housing societies, the question is assuming a greater dimension day by day.

Some of the important questions of fact and law are as under:

1. Whether tenant under the Rent Act has the right to park his car within the compound of the building?
2. Whether a member of a Co-operative Housing Society has a right to park his car within the compound of the Housing Society?
3. Whether a purchaser of the flat has the right to park the car in the compound of the Society before registration of the Society and execution of conveyance is the favour of societies?
4. Whether an owner of an Industrial gala has the right to park his car or truck or other vehicles within the compound of Industrial Estate/Gala?
5. Whether the parking of car has considered as essential services under Bombay Rent Act or under Maharashtra Ownership Flat Act?
6. Whether the garage or parking space treated as non-residential premises and additional taxes or stamp duties are required to be paid?

The building bye-laws and development control rules for the Municipal Corporation for 1888 refers to the various provisions regarding the parking spaces.

It refers to what way the parking space can be provided to the residential as well as to the lodging establishment, touring home, hotels with accommodation to educational institutional assembly government and semi government private building and mercantile and industrial storage, etc.

Municipal Bye-Law

According to the Municipal bye-law No. 36A which refers to the parking has stipulated that parking space should have minimum size of 18′ long and b’ in width. When the plans are approved or sanctioned under the building regulations, the building regulations, the builders are required to leave certain space for purpose of plat ground, garden, etc. However, there are no definite guidelines for allowing parking space.

The Development Control Rules 30 referring to parking spaces. It states as under:-

The Problem of parking space is much more acute and complicated as it differs from locality and for the purpose of and nature of user the sudden growth of motor card and shortage of land for parking as created unprecedented problems for not having to the management of the housing society’s municipal corporation and government etc.

The Bombay High Court Judgment regarding parking  has been now confirmed by the Supreme Court of India.

In effect it has endorsed the view that builders cannot sell stilt and open spaces are parking spaces. All such transactions that have taken place in the past can be challenged and societies can reclaim the already allotted spaces.

The residents who have purchased such spaces have the option of filing cheating cases against the builders as the sale was fraudulent ab-initio.

Types and Definition of parking
Stilt  - A pair of poles with foot-rests, enabling the user to walk with feet at a   distance above the ground; piles or posts on which a building stands.
Open -  Means an area forming an integral part of a site left open to the sky.
Garage - A building for housing a motor vehicle or vehicles. An establishment which sells fuel or which repairs and sells motor vehicles.
Garage
Public –  It means a building or portion thereof , designed other than as a private garage, operated for gain, designed and or used for repairing, servicing, hiring, selling or storing or parking motor driven or other vehicles.
a)   Parking Rules
Co-operative society can and should frame parking rules. Normally co-operative society should ask for the details of the vehicles to be parked including a certified copy of the RC book should be insisted upon from the member while submitting the application for parking slot After receipt of the above said paper/ documents the society should allot a parking slot. The society may even allot a sticker and/or may even instruct the member that without the parking sticker the vehicle shall not be allowed to be parked in the society compound.
b)  Policy of allotment of parking spaces, and stilts
Under Section 78 of MOFA Act, The allotment of parking space/ stilts shall be made by the committee on the basis of ‘first come first served’, for unsold and available parking spaces. However, in case of Parking Space/ stilt allotted by the society, the member shall have no right to sell or transfer the said allotted parking space/ stilt to anybody.
c)   Applications for allotment of stilts or parking spaces
Under Section 83 of MOFA Act, The member, desiring to have a stilt or a parking space, may make an application to the Secretary of the society giving necessary details. The procedure for disposal of applications for permission under this bye-law, as laid down under the Bye laws No.65, shall be followed by the Secretary and the committee of the society.
d)   Eligibility for allotment of stilts or parking spaces
Under Section 81 of MOFA Act, A member, having a motor vehicle, will only be eligible to have a stilt or parking space. No member shall normally be eligible for being allotted more than one stilt or a parking space for parking the car owned by him. If any stilts or parking spaces remain unallotted for want of applicants for allotment, a second or third stilt or parking space may be allotted to the same member who has earlier been allotted the stilt or parking space. Such allotment of 2^nd or 3^rd stilts/ or parking space shall be made on year to year basis, provided the same is not required by another member, who is not allotted even a single stilts / or parking space.
 Under Section 82 of MOFA Act, In case the numbers of vehicles of eligible members are in excess then the available parking space/ stilts, the Managing Committee shall allot such parking space/stilts by “lot” on yearly basis.
e)   Car Parking Slots 
Sale of car parking slots is a controversial matter. It would be of interest to note that the definition of flat in the model bye-laws includes a godown but does not include an open car parking space. It is an open secret that builder sale open car parking. Conflicting judgments have been given by courts on matter related to car parking. In the landmark judgment delivered by the Maharashtra State Co-operative Appellate Court Mumbai in the case of M/s Prakash Auto v/s Aranja Arcade Premises Co-operative Society Ltd. & ors. has prevented the Builders from allotting-selling or otherwise disposing of the disputed car parking spaces. The implications of the above said judgment is that even if the builder sells car parking space in the basement, a co-operative society is entitled to allot the car parking space in the basement to their members on the basis of the resolution passed by the society at its General Body Meeting.   Now no builder can sell parking space under stilts separately, the Bombay High Court has ruled in re- Nahalchand Laloochand Pvt. Ltd., that a stilt parking space is a common parking space available to members of the housing society and not an additional premises or space available for the builder or developer to sale either to any member of the society or any outsider and further clarified that even under DC rules the developers had to provide car parking spaces, wherever carpet area of the flat is more than 35 sq meter and estoppal do not work against statutory provisions. Apart from this fact the court has also considered the definition of flat under Maharashtra Ownership of Flats Act, which includes open and parking spaces in area if the flat wherever area is counted as super-built up.
f)   Parking Space
Means and enclosed or unenclosed covered or open area sufficient in size to park vehicles. Parking space shall be served by a driveway connecting them with a street or alley and permitting ingress or egress of vehicles.
Under Section 80 of MOFA Act, marking of parking spaces or stilts is the way that no inconvenience would be caused to any of the member of the society. Where any stilts have been built or open space in the society’s compound is available for parking of cars, the society shall number the stilt or the open space for the purpose of no disputes caused between the members of the society. As per the Development Control Regulations it is necessary 10% car parking space should be kept for the visitors.
Under Section 79 of  MOFA Act, the restrictions are given on use of car parking and stilt parking that ‘No member shall be entitled to utilize more parking spaces / stilts than what is allotted to him by the committee, or which he has purchased’.
As per the Development Control Regulations for Greater Mumbai 1991, one parking space for every 8 sq. mtr. Of the floor area up to 800 sq mtrs. and one parking space for every additional 160 sq. mtrs. Of area is required to be provided. For hotels one parking space for every 60 sq. mtrs. Of the floor area is required to be provided. For Grade I Restaurant, one parking space for every 25 sq. mtrs of area of the restaurant, including hall, dining room, pantry and bar must be provided. For the Grade II and Grade III hotels, the requirement is one parking space for every 80 sq. mtrs of the areas.
g)   Parking Charges
Under Section 84 of the MOFA Act, Every member who has allotted the stilt or the parking space shall be required to pay the parking charges at such rate as may be decided by the General body of the society at its meeting, irrespective of the fact whether he actually parks his motor vehicle or not. The Society can recover different rates for different types of vehicles. The General body of the Society can definitely fix up the charges for the 2^nd and 3^rd car etc. Therefore, the member will have to pay the parking charges for a particular month irrespective of the fact that he has parked the vehicle for a few days. Where a member has been allotted more than one stilt parking space, he shall pay parking charges in respect of every such stilt or parking space, as decided by the General Body Meeting.
h)   Commercial use of Garage
Garage allotted for car parking cannot be used for commercial purpose except with the permission from the Bombay Municipal Corporation. At the time of the construction of garages an undertaking has to be given to the Municipal Corporation that they will be used only for car parking. If Society use car parking for commercial purpose it breaches under Co-operative Laws there is also violation of the Bombay Municipal Corporation Rules. Garage allotted for car parking are exempted from the F.S.I Calculations. However, if there is extra FSI or the benefits of TDR are available to the said property then such garages used for Car Parking can be regularized for commercial activities.
i)  Stilt Parking  
No member can cover a parking stilt; it is open space. It needs to be emphasized that while submitting the plans certain areas are shown as open space and parking stilt is normally shown as open space. The open spaces are not included in FSI calculations.
j)  Criminal case against the builder 
Many times builder gives false promises to the flat purchasers and also does not comply with their statutory obligations as are stipulated in the MOFA (The Maharashtra Ownership Flats Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963. In such circumstances the options available to the flat purchasers/ society include filing a complaint in the Consumer Court as well as initiating criminal action before the criminal court against the Builder.  Even selling away the car parking is one of the offences under the MOFA Act. The society can bring Criminal complaint against such Builder under various sections of Indian Penal Code.
(Ended).