MMRCL can­not is­sue de­mo­li­tion no­tices, says HC

The Free Press Journal - - FRONT PAGE - STAFF RE­PORTER

In an em­bar­rass­ment for the Mum­bai Metro Rail Cor­po­ra­tion Lim­ited (MMRCL), the Bom­bay High court on Mon­day held that it does not have pow­ers akin to a plan­ning au­thor­ity.

The HC ac­cord­ingly ruled that the MMRCL can­not de­mol­ish any struc­ture for the con­struc­tion of its projects.

A divi­sion bench of Jus­tice Ab­hay Oka and Jus­tice Riyaz Chagla stayed the de­mo­li­tion no­tice is­sued by the MMRCL to nine shop own­ers near Vakola, San­tacruz.

These shop own­ers had moved the court, chal­leng­ing the de­mo­li­tion no­tice served on them by the MMRCL.

The premises of the shop own­ers has been ac­quired for the Metro III line.

The shop own­ers, who claim to have no is­sue with the Metro III project, have chal­lenged the de­mo­li­tion no­tice since the au­thor­i­ties have de­cided to re­ha­bil­i­tate them some­where in Kan­jur­marg and Bhi­wandi. They ar­gued that the MMRCL has been ‘dis­crim­i­na­tory’ in re­ha­bil­i­tat­ing them and ac­cord­ingly sought an al­ter­na­tive re­ha­bil­i­ta­tion in Chakala, And­heri.

Hav­ing heard the mat­ter on point of in­terim re­lief, Jus­tice Oka said, “We have pe­rused the pe­ti­tion. Prima fa­cie we are of the view that the MMRCL is not a plan­ning au­thor­ity and nei­ther does it have any pow­ers like a plan­ning au­thor­ity. We are of the con­sid­ered opin­ion that the MMRCL can­not de­mol­ish struc­tures like a plan­ning au­thor­ity.”

Jus­tice Oka ac­cord­ingly stayed the de­mo­li­tion no­tices served upon the shop own­ers un­til June 23, the day when the mat­ter would be heard fi­nally.

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