Reconsider Campa Cola decision: Bombay High Court to Municipal Commissioner

The Bombay High Court on Tuesday asked the Municipal Commissioner to reconsider the order passed by Deputy Municipal Commissioner, allowing separation of plots at Campa Cola compound, thereby allowing a private developer to apply for lease of the disputed plot to the civic body.

A division bench of Justice Abhay Oka and Justice PN Deshmukh, held the order passed by the officer as prima facie illegal and asked the commissioner to review it personally and if he finds it to be inappropriate then to appoint another officer to review it.

The court while posting the petition filed by one Chandru Khemani, challenging the order passed in 2016, said, "Prima facie, the deputy municipal commissioner, has issued directions which he should not have passed. We are shocked to know that he has issued directions to the corporation and housing societies, to file a consent term in the pending litigation, and asked them to withdraw the plea."

Advocate Pradeep Havnur, appearing for Khemani argued that, "The commissioner has no powers vested in him to issue any such type of directions, orders and as such the said order itself is defective, malafide and arbitrary in nature and therefore the same is required to be quashed and set aside and is contrary to law."

As per the order passed by the deputy commissioner, he had asked six societies to form a single federation, to ensure that there is no further sub-division of plot 'A'. Thereafter, they will submit their applications to the Assistant Commissioner (Estate) of the M.C.G.M. within three months of receipt of this order, along with other documents. If they fail to submit these within the time given the lease will be terminated.