Hearing the public interest litigation filed by the residents, a division bench of chief justice Mohit Shah and justice SC Dharmadhikari has called for a record of municipal maternity homes in this area.
Ten residential societies from Vile Parle (East) have moved the Bombay high court seeking a stay on a rehabilitation project which is coming up on a plot originally reserved for a municipal maternity home.
Hearing the public interest litigation (PIL) filed by the residents, a division bench of chief justice Mohit Shah and justice SC Dharmadhikari has called for a record of municipal maternity homes in this area.
The societies, situated at Gujarati Mandal Cross Road in Vile Parle (E), have moved the court under the umbrella name of NP Thakker Road Resident’s Welfare Association. The petitioners have challenged the upcoming construction, alleging that if the multi-storeyed building is allowed to be constructed, it will deprive the locals of a much-needed facility.
The PIL states that the plot, ad-measuring about 1,610 square meters, was reserved under the provisions of the Town Planning Act. However, a notice was issued in a local newspaper on January 1 last year stating that the plot will now be used for a resettlement project to house project-affected persons.
According to the petitioners, the civic body issued a notification to this effect on April 29, 2008, and had changed the plan. The petitioners have now urged the court to quash the notification and direct the corporation to construct a maternity home as per the original plan. The petitioners have also sought a stay on the upcoming construction until the petition is decided.
“The authorities were supposed to construct a maternity home on this plot, but a building for project-affected persons is coming up instead. If this happens, the residents will be denied the much-required facility of a maternity home,” argued the petitioners’ advocate Ashutosh Kumbhkoni.
The respondent’s advocate, on the other hand, argued that the petitioners does not want lower class people to stay in their locality, and are therefore opposing the project.
Hearing the submissions, the court directed the Brihanmumbai Municipal Corporation (BMC) to submit a list of hospitals and maternity homes in the area. The affidavit has to be filed in two weeks.
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