Mumbai: The Bombay high court on Thursday rapped the Brihanmumbai Municipal Corporation (BMC) for turning a blind eye to the forced takeover of a plot of land reserved for public use in south Mumbai by an adjacent society for private use.
It also directed the civic body to close the society’s access to the plot and throw it open for the public. The issue was raised by a local resident through a public interest litigation (PIL) after he learnt that the plot had been usurped by the society for parking cars.
The bench directed the civic corporation to put up a boundary wall between the society and the open plot so that they do not have access to it anymore. The bench further directed civic corporation to put up a notice board informing the public that they could access the plot during visiting hours.
A division bench of Chief Justice Dr Manjula Chellur and Justice M. S. Sonak was hearing the PIL filed by a social activist, who alleged that a housing society at Cuffe Parade had usurped an open space for the exclusive use of its residents and did not allow outsiders to use it. The activist had pleaded that the civic corporation should be directed to take over the plot and make it accessible to the general public for recreation purposes.
After referring to the report of the court receiver, who had been asked to inspect the controversial plot during a previous hearing and the original sanction plan, the bench observed that the society had taken over the plot by creating an access for themselves.
“It seems like the society has created an entrance directly to the open space and are using it as car park that is guarded by private guards. The society is using the plot like it is their private property,” said Dr Chellur.
Referring to the fact that the sanctioned plan marked the open area to be a park for the general public for recreation purposes, the bench observed that the general public was not made aware of it. The bench rapped the civic corporation for the same and said, “It seems like the officials of the corporation have connived with the society to help them which is very sad. It is not as if the civic body officials turned a blind eye to it. They are fully aware of what is happening, but still not doing anything.”
