The Bombay High Court on Wednesday directed the high-profile Shubhada and Sukhada housing societies, which are homes to several politicians and bureaucrats, the state government and the BMC to reply to a public interest litigation that has alleged violation of rules while granting permissions to the buildings.
A division bench of justices Anoop Mohta and M S Sonak has asked all the respondents to file their replies within four weeks.
The court was hearing a PIL filed by RTI activist Amit Maru, who has alleged that several rules were flouted while granting permission to the multi-storey Shubhada and Sukhada buildings in Worli.
Advocate Abha Singh, who represented Maru, argued that the corporation had illegally allotted additional land to the structures that was originally reserved for a garden to the two societies. "After the transfer, the societies were also granted additional FSI," argued Singh.
The petition further claimed that since the plot reserved for the garden falls under the coastal regulation zone, requisite permission ought to have been taken from the union environment ministry or the Maharashtra Coastal Zone Management Authority before the transfer.
According to the PIL, land belonging to the corporation can be alienated only when there is a resolution passed by the full house of the BMC as per the stipulations set in section 92 of the Mumbai Municipal Corporation Act, 1888. In this case, no such resolution was passed.
Maru has stated that despite him bringing this violation to the notice of the authorities concerned, no one has taken any action. Hence he filed the PIL.
The PIL has sought setting up of a committee to probe into the irregularities and recommend action to be initiated against errant officials.
It also prays that the garden, which is owned by the corporation, be returned to the civic body.
"Since Shubhada Co-operative Housing Society does not have full Occupancy Certificate, hence the Municipal Corporation be restrained from issuing any Occupancy Certificate till the time this Petition is disposed of," adds the PIL.
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