The Bombay High Court on Friday gave BMC the green signal for a vipasana/study centre built inside a public park near Metro cinema using funds from legislative council member Annie Shekhar.
A division bench of Justices Naresh Patil and A P Bhangale considered the corporation's stand that all measures had been taken to ensure that the centre is used only for public interest and will not misused by drug addicts or others. The court disposed of a PIL challenging the civic body's decision.
The court was hearing a petition filed by the Cinema Barrack Road Welfare Group, the local residents association which is presently maintaining the Walters D'souza Garden under the BMC's adoption of public spaces policy.
Advocate Gautam Ankhad, appearing for the association, had argued that the construction is illegal and should be demolished. He also referred to a BMC circular dated January 22, 2009, about a stay on the garden policy. He added that certain conditions laid down by the corporation for allowing any construction on its gardens have not been met with in this case.
Advocate Trupti Puranik, appearing for the civic body, said, "We have deployed security guards and BEST has provided sufficient electricity in the park and other facilities like drinking water. Thus the purpose of setting up the vipasana and study centre is well-served and in larger public interest."
The bench said, "The allegations of misuse are well taken care of by employing necessary safety measures. Thus we do not find any fault in the corporation's decision to start the study centre. However, the corporation should maintain the garden properly."
The residents' association, in its plea, said that the garden was acquired by the corporation in 1975-76. In 1996, the petitioners entered into an agreement with the corporation for maintenance and management of the garden through sponsor adoption basis.
In 2007, when the petitioners applied for permission to construct a study centre, it was denied by BMC saying that their agreement had expired and were told to re-apply after renewing their agreement.
In 2011, the petitioners learned about approval given for constructing the study centre using the funds of MLA Annie Shekhar. Thus, they approached several authorities and politicians for stopping it but their attempts failed. Thus they finally moved the high court.
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