HC stays razing of illegal structures on Parsik tunnel

The action against the illegal encroachments on the Parsik tunnel may have just hit a roadblock, as the Bombay high court has given a stay to the demolition work.

The residents residing above the Parsik tunnel on the hillock had filed a writ petition against the Thane Municipal Corporation opposing the demolition notice put up in the area.

A portion of the road and a wall in Uday Nagar area above Parsik tunnel had caved in on June 21. A threat of landslide had arisen in the area owing to the illegal constructions residing on this hill. Last week, the TMC, forest department, railways and the revenue department had initiated combine action against these houses.

The petition was filed on Monday while the hearing took place on Wednesday.

Sangeeta Palekar, the resident of Parsik and a social worker said, “The demolition notice read that the residents are supposed to vacate their homes for rainy season as any accident can take place. We were confused whether we have to vacate homes only for monsoon or forever. What about rehabilitation if we have to shift, thus we filed the petition.”

“We pointed out to the court that the accident took place due to the faulty retaining wall constructed by the TMC. The homes are away from the wall,” she said.

She added that the homes have proper tax receipts and occupation certificate so the corporation cannot demolish them. The petition has alleged that the corporation has not done any survey of the homes and send notices to everyone.

Palekar added, “The petition was heard by division bench of Justice S Kemkar and MS Karnik who has asked TMC to clarify the notice and also clarify their stand on rehabilitation. They have issue summons to the concern officer to the court and also stayed the action till then.”

The action though is primarily to be taken by the railways and the forest officials, residents claim that since the notice was served by TMC and the wall belonged to them, they have petitioned against the corporation.