HC: BMC TO PAY JANATA COLONY RESIDENTS OVER ROAD WIDENING

MUMBAI: The Bombay High Court has ordered the Brihanmumbai Municipal Corporation (BMC) to deposit compensation payable to 24 petitioners impacted by the road widening initiative in Janata Colony near Andheri-ghatkopar link road.

The court’s directive mandates the BMC to deposit monetary compensation with the court within six weeks from the conclusion of the electoral code of conduct, ensuring resolution for the affected residents.

The project, aimed at widening roads in Janata Colony to alleviate traffic congestion, had caused serious difficulties for the residents. Under the municipal policy, termed the ‘Bottleneck / Missing Links of DP Roads’ policy, affected individuals can either receive compensation or avail alternative residence.

The division bench of Justice GS Patel and Justice Kamal Khata classified the petitioners into distinct groups based on their eligibility for compensation. Notably, 12 petitioners were deemed eligible for compensation without contention, while two others saw their eligibility confirmed through appellate proceedings.

However, 10 petitioners faced challenges regarding their eligibility status, necessitating further examination.

BMC would have to deposit compensation payable for all three groups. However, if any or all from the third group of 10 petitioners are found ineligible, the corporation could withdraw the compensation later.

The court’s ruling provides clarity on the rights of each group of petitioners. Those eligible for compensation are instructed to vacate the premises within four weeks from the date of deposit by the BMC. Failure to comply within the time frame empowers them to initiate action without additional notice.

Furthermore, the judgment extends a lifeline to three petitioners whose structures were partially demolished, ensuring compensation proportional to the extent of their affected properties. The court, while recognizing that there might be more people affected by the road project clarified that the order present only applies to the petitioners involved in this case.

The court added that if others are affected, they can file their own application to seek similar relief. In response to the court’s decision, senior advocate Atul Damle, representing the BMC, affirmed the corporation’s commitment to comply with the directive, underscoring the importance of adhering to timelines and ensuring fair treatment for all affected parties.