Private limited company challenges assistant commissioner's demolition order

A private limited company based in Vikhroli has moved the Bombay high court challenging a demolition order issued by an assistant commissioner of Brihanmumbai Municipal Corporation (BMC). The company claims that the officer does not have the power to issue such an order as it is the prerogative of the municipal commissioner.

Jarakahi Automobiles Private Limited, which has its property spread over 1,200 sq ft, has stated that pending the final disposal of the suits filed by it before the city civil court challenging the maintainability of section 351 of the Mumbai Municipal Corporation Act, the assistant commissioner of N ward in Ghatkopar could not have issued the demolition notice.  

The petition, which will come up for hearing in due course of time, states that the municipal commissioner has not delegated the powers to issue the demolition order to the assistant commissioner and thus the order passed by him dated May 9, 2011 is arbitrary and illegal. The outcome of this petition is being closely watched in civic circles because if its contention is upheld then it will have serious implications on BMC’s demolition actions. 

The petition also states that the principles of natural justice were not followed by BMC and it should have waited for the final decision of the civil court before passing an order against the petitioners. 

It is thus prayed by the company that the high court, till the final hearing and disposal of the plea filed by it, should restrain BMC from demolishing the premises.

As per the petition the property was purchased by the company in 2002 and it has been operating its business of fitting CNG kits in automobiles from the disputed premises since then.