Mumbai: The Bombay high court has directed the municipal commissioner to rehear the Campa Cola Comp-ound issue after a resident alleged that the order issued by the deputy municipal commissioner (DMC) (improvements) in 2016 while hearing the violations related to the leave licence agreement between the BMC and M/s Pure Drinks — the lessee in 1962 — was beyond his scope. After hearing the contentions, the court directed the BMC chief to look into the issue and if the allegations were found correct to rehear the residents who are at risk of losing an open plot of land in the compound to another developer.
A division bench of Justice A.S. Oka and Justice P.N. Dehmukh was hearing a writ petition filed by Chandru Khemlani through advocate Pradeep Havnur against a 2016 order of the deputy municipal commissioner who divided the plot on which six buildings were constructed in the compound in two, so that a vacant plot would be created and be handed over to another developer.
In 2016, the residents of the six societies had come to the high court against the BMC’s notice for termination of leave and licence agreement of 1962 as the lessee had violated the terms of the agreement which was meant for commercial purposes and not for residential units. After hearing the petition the court had directed the DMC (improvements) to hear the residents and adjudicate on the issue of the agreement. However, the DMC had taken a different route, aggrieving the residents. After hearing the submissions, the bench directed the BMC chief to hear the contentions of the residents afresh and decide on the status of the six societies with regards to the leave and licence agreement.
