A division bench of Justices A S Oka and C V Bhadang was hearing a public interest litigation (PIL) filed by city residents Shaukat Ali and Mohsin Shaikh claiming that there are several flyovers under which not only is parking permitted but private entities are allowed to collect parking fees.
The PIL claimed this "callousness" on the part of authorities was in violation of not only a Bombay HC judgment, but also a decision taken by the government in 2008.
The court, after going through the previous order and the government policy noted that if the state now wants to reconsider its policy (of permitting parking under flyover) then it can alter it or move the court for vacating its order.
"Until then, the government will have to act and remove the parking under flyovers," the court said.