Bombay HC hears dispute between BMC, Bandra bldg residents

Mumbai: The Bombay high court has asked the Brihan-mumbai Municipal Corporation (BMC) to clarify as to why a demolition notice was served to a building in Bandra (east) that had applied for regularisation last year. The BMC claimed that the residents of the building did not submit any documents after applying for regularisation and it was left with no option but to issue demolition notice. The court has asked the residents to submit the application so that it can decide who is at fault.

A division bench of Justice Ranjit More and Justice Anuja Prabhudessai was hearing a writ petition praying for directions to the BMC not to demolish the building. It further said that the builder had applied for regularisation in June 2016 but rather than processing the residents’ application, the BMC wanted to go ahead with the demolition.

Responding to the petitioner, the advocate for the BMC, Trupti Puranik, said that after filing the application there was no communication by the petitioner. After waiting for almost a year when no documents for the regularisation were forthcoming from the petitioners, the BMC had no option but to move ahead with the demolition under section 53A of the Maharashtra Regional Town Planning (MRTP) Act.

After hearing both sides, the court asked the petitioner and the BMC to maintain status quo till the next hearing in January 2018. The court also asked the builder to submit the application and asked the BMC to file an affidavit in this regard.