Observing that it is the civic body’s duty to remove unauthorised constructions, the Bombay high court summoned newly appointed civic commissioner Subodh Kumar for failing to act in accordance with law.
Observing that it is the civic body’s duty to remove unauthorised constructions, the Bombay high court summoned newly appointed civic commissioner Subodh Kumar for failing to act in accordance with law.
The division bench of justices PB Majmudar and Amjad Sayed were hearing a petition filed by Shri Balaji International School, Malad (West). The judges also rapped the Brihanmumbai Municipal Corporation (BMC) for delaying taking action against the unauthorised constructions in the city.
“In Mumbai, many such constructions are allowed to come up and the BMC does not take timely action. Why are such constructions allowed and then permitted to be regularised? asked Majmudar.
The school, which has some 1,000 students, moved HC last year after assistant municipal commissioner, (P/N ward) ordered demolition of an electricity sub-station in its compound. The school has urged the court to direct BMC to allow temporary construction of the sub-station and construction of a compound wall surrounding its ground-plus-11-storey building.
“The students are suffering due to lack of electricity,” stated the petition.
Petitioners’ lawyer Jyoti Chavan argued that the BMC is not permitting construction of the sub-station and wall. She said the school was granted an FSI of 4 by the urban development department and had applied for the occupational certificate.
But BMC advocate Shubha Ajitkumar countered that the certificate has not been given to the school as it has not removed unauthorised construction from its compound. The petition stated that there are two garages in its compound which are unauthorised.
The judges have directed Kumar to remain present on January 18.
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