A division bench of Justice Ranjana Desai and Justice Rajesh Ketkar was hearing a petition filed by a tenant, Sudhir Golecha, challenging the BMC’s notice for demolition of a wall under Section 55 of the Maharashtra Regional Town Planning Act.
The Brihanmumbai Municipal Corporation (BMC) is expected to treat all citizens equally when it comes to unauthorised constructions, the Bombay high court observed on Tuesday while rapping the civic body for being selective.
A division bench of Justice Ranjana Desai and Justice Rajesh Ketkar was hearing a petition filed by a tenant, Sudhir Golecha, challenging the BMC’s notice for demolition of a wall under Section 55 of the Maharashtra Regional Town Planning Act. The building, Fateh Niwas, is situated on Rajaram Mohan Roy Marg near Prarthana Samaj. Golecha is a resident on the third floor.
According to his petition, he entered the premises in 1970, but the wall existed before that.
At the last hearing, the judge had observed that walls should not be allowed to be erected in buildings’ common passages that are part of the compulsory open spaces.
When told that other tenants had also constructed walls to avoid ingress or egress in their area, the judges directed the BMC to conduct an inspection of the building and find out how many had constructed walls in open spaces.
Assistant Engineer of D ward on Tuesday submitted a report following the inspection of the building on April 1. The report found similar walls in the common passage on the ground floor, second floor and third floor of the three-storey building.
“We do not understand why the BMC did not take any action when other persons have carried out similar unauthorised constructions,” said Desai. She added, “The BMC is expected to treat all citizens equally. We record our displeasure at the conduct of the BMC. What is unauthorised must go.”
Denying relief for the petitioner, the judges said that the BMC may take action against other residents after following the due process of law.
){kind=small}
){kind=small}
){kind=small}
){kind=spacer}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}