In what comes as a temporary victory for residents of Malabar Hill, who have been vehemently opposing the Mumbai Fire Brigade's move of parking a fire tender inside Priyadarshini Park on Napean Sea Road and its plans of setting up a fire station there, the civic body on Monday volunteered to remove the fire engine and temporary structures constructed inside the park. This was after the Bombay High Court came down heavily on the Brihanmumbai Municipal Corporation (BMC) for not complying with an earlier order directing that status quo be maintained.

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The Malabar Hill Citizens's Forum has not only been fighting a legal battle against the proposed fire station at the park, but also began a signature campaign and managed to garner support of at least 17,500 citizens. A division bench of Chief Justice Manjula Chellur and Justice Rajesh Ketkar on Monday said, "BMC is taking undue advantage of our modesty, but you cannot play with the court like this. I will hear you (BMC) only after you put back the fire engine from where it was brought."

The court asked the civic body to comply with an order passed on June 19, directing maintenance of status quo by the corporation in regards to stationing of a fire engine inside the park.

During the hearing, the court warned of imprisoning officials of the corporation for disobeying orders and committing contempt. "How dare they disrespect our order, wisdom should prevail on your officers. The corporation has taken undue advantage and we are very unhappy," it said.

As per records, in 2006, the Malabar Hill Citizens' Forum (MHCF) filed a public interest litigation challenging the decision of the corporation to post a fire engine in the park. It was on June 5 this year that the petition came to be dismissed for default (non-availability of petitioners advocate). On June 14, the corporation posted the fire engine inside the park. The resident moved a plea for restoration of the PIL, and by an order of June 19, direction for maintaining status quo was given. The civic body has not challenged this order, but moved an application for modification, which is still pending hearing.

The bench said, "Until, corporation complies with previous order, we will not hear the petition on merits." A High Court-appointed committee also submitted a report stating that the fire engine had taken up part of the jogging and walking track at the park.

However, senior advocate Anil Sakhare and advocate Trupti Puranik appearing for the corporation, opposed this claim. It was argued that the jogging and walking track was illegal and no proper sanction was obtained for their construction.

An irate bench said, "Why did you not take any steps till now. There are potholes everywhere, people are dying in road accidents, leaving that aside, having a fire engine inside a park is important for you (corporation). Why so much ego. Immediately, shift the fire engine to Nana Chowk, from where you brought it."

An earlier affidavit filed by the corporation opposing the plea of the residents said "It is the responsibility of the corporation to protect and preserve the life of citizens of Mumbai, and therefore there is a necessity to meet the requirement of fire safety of citizens living in and around Malabar Hill, which can be fulfilled by establishing a fire brigade at the plot allotted and reserved for the same."

The affidavit also mentions that from the time the fire engine has been stationed, 29 calls have been attended. Further, as per the standing fire advisory council, for every area having a population of 50,000 people including a cluster of buildings, one fire appliance is required. The areas of Malabar hill, Bhulabhai Desai road, Napean Sea road, Walkeshwar are densely populated.

The court will hear the petition on Wednesday.