In an affidavit filed by Neeta Marathe, Administrative Office (lease), states that Pali Hill residents association has failed to prove the allegations made against them and hence no relief can be granted to them.
The Brihanmumbai Municipal Corporation on Tuesday filed an affidavit in the Bombay High Court stating that proper procedure was followed by it to allot an area of 5,000 square feet, earmarked as Welfare Centre, at Union Park, Bandra (west), to an institute which would operate private coaching class.
In an affidavit filed by Neeta Marathe, Administrative Office (lease), states that Pali Hill residents association has failed to prove the allegations made against them and hence no relief can be granted to them.
The association has alleged that civic body has arbitrarily and illegally allotted the welfare centre to operate the academy for preparing students for civic exams. No proper procedure of issuing a public notice and calling for tenders is followed by the corporation.
The affidavit filed by Senior Advocate Anil Sakhare says that under section 92 C of the Mumbai Municipal Corporation, with the sanction of the corporation, the Commissioner may lease, sell or otherwise convey, any immovable property belonging to the corporation.
As per the petition, the association has done a lot of welfare for the residents of the locality. Recently, it has even set up a biogas plant in the area. Further, the 5,000 sq feet, welfare centre was handed over to the corporation by a private developer in-lieu of development rights of the plot of land. The place is situated at Union Park, on Nargis Dutt road, was on April 21, allotted to the academy for a period of 5 years. At a license fee of Rs 46,252 per year.
The high court asked the petitioners to respond to the stand of the corporation and posted the matter for further hearing after two weeks, till then continued the interim relief granted earlier, by way of restraining the civic body from granting possession to the Vidya Prabodhini Balsaheb Thakre Academy.
Earlier, the court has observed that "Prima facie, it appears to us that the public property which exists for the benefit of the public is likely to be allotted an Institution without following any fair and transparent process."
The plea states that welfare centre is for local residents' benefit but coaching classes will be for students of across Mumbai and Maharashtra. Moreover, it is likely to charge hefty fees from the students, thus it would not be termed as a welfare centre.
The plea prays for cancellation of the allotment and also pending hearing and final order the court should restrain the civic body from handing over possession of the welfare centre to the academy.
POINTING A FINGER
Pali Hill residents association has alleged that the civic body has arbitrarily and illegally allotted land for welfare centre to a coaching academy for preparing students for civic exams
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