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Bombay HC asks BMC to clear Vikhroli hurdles on foot overbridge

The HC had, on October 14, directed demolition of illegal shops while hearing a PIL stating that several deaths have been taken place at the level crossing at Vikhroli.

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In a major relief to commuters at the Vikhroli railway station, the Bombay High Court has asked the Brihanmumbai Municipal Corporation (BMC) to clear all illegal encroachments on either side of the station by March 31, 2012.

A division bench of Chief Justice Mohit Shah and Justice Roshan Dalvi has also given time till January 5, 2012, to half a dozen illegal shops, which are falling in the line of extension of the foot overbridge (FOB), to give an undertaking that they will remove the structures on their own by March 31. Failing this, the corporation has been directed to demolish these shops.

The HC had, on October 14, directed demolition of illegal shops while hearing a PIL stating that several deaths have been taken place at the level crossing at Vikhroli.

The court even rapped the BMC for failing to take action against the illegal shops, including Vinayak Arcade, which are obstructing extension of the FOB, connecting east and west side of the suburb.

“We clearly said that take action against those shops, which are in the green zone (area acquired by railways) and for the other illegal shops in the area, follow due process of law,” said Justice Dalvi.
When the shop owners sought more time to get documents (showing they existed before the platform 1 was constructed), the court said that their assessment has showed that the documents were fabricated.

Justice Dalvi said, “We have found your (shop owners) documents were fabricated. Probably it is done in collusion with the corporation.”

Refuting the allegation, Geeta Joglekar, advocate for the BMC, said that they have issued notices to the shops and are in the process of passing final orders.

“We didn’t ask you (BMC) to assess. We have already done that. You just had to take action against these shops, which fall in the acquired area,” said Justice Dalvi.

The high court had on December 7 given an ultimatum to the Central Railway authorities and asked them to demolish illegal encroachments outside the Vikhroli station in order to extend the FOB.

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