MUMBAI: In a setback to the BMC, the Bombay high courtroom on Tuesday ordered the corporation to reconstruct six shops in Bandra (W) that it had demolished for being unlawful. A department bench of Justice Abhay Oka and Justice Riyaz Chagla gave the BMC two months to reconstruct the shops in the same locality. If they fail to take action, then the homeowners can construct the shops of the same size at the identical location. The bench also allowed the store homeowners to way the BMC for repayment for the demolition with vital proof concerning the loss suffered through them.
The courtroom used to be hearing petitions through the store homeowners who had claimed that the BMC demolished their constructions in 2016, without serving a demolition understand. Senior advocate Girish Godbole and advocate Omkar Khanvilkar, recommend for the petitioners, contended that the corporation had not adopted the due process of regulation ahead of illegally demolishing the constructions.
The BMC had claimed that the shops had been demolished as they had been situated on sewer strains. The advocates for the store homeowners, alternatively, identified that the licences that had been legitimate till December 31, 2016, had been cancelled retrospectively from April 7, 2016. The BMC served the notice concerning the cancellation of the licence on May 25 and day after today demolished the constructions. No demolition understand used to be served or hearing given, the legal professionals stated.
The homeowners claimed that their shops-GulSik Kabab, A-1 Seek Kabab, Lucky Kabab Corner, Hotel Yadgar, Danish Kabab Corner and Raj Pan Shop-located opposite Bandra station had been in existence for many years.
"On May 26, 2016 around 10.30am, without giving any vacation notice or warning for any violations, the officers of BMC started with their demolition work in an arbitrary and illegal manner," the homeowners claimed.
"Within 30 minutes, the demolition work was complete which did not give them any opportunity to approach any court of law. This resulted in infringement of fundamental rights guaranteed by the Constitution," stated the petitioners. The store homeowners claimed they had the vital licences to function the place and had hire agreements. The petitioners stated the demolition used to be unlawful as they were not served with any demolition understand or given a chance to conform to the due process of regulation.
The courtroom used to be hearing petitions through the store homeowners who had claimed that the BMC demolished their constructions in 2016, without serving a demolition understand. Senior advocate Girish Godbole and advocate Omkar Khanvilkar, recommend for the petitioners, contended that the corporation had not adopted the due process of regulation ahead of illegally demolishing the constructions.
The BMC had claimed that the shops had been demolished as they had been situated on sewer strains. The advocates for the store homeowners, alternatively, identified that the licences that had been legitimate till December 31, 2016, had been cancelled retrospectively from April 7, 2016. The BMC served the notice concerning the cancellation of the licence on May 25 and day after today demolished the constructions. No demolition understand used to be served or hearing given, the legal professionals stated.
The homeowners claimed that their shops-GulSik Kabab, A-1 Seek Kabab, Lucky Kabab Corner, Hotel Yadgar, Danish Kabab Corner and Raj Pan Shop-located opposite Bandra station had been in existence for many years.
"On May 26, 2016 around 10.30am, without giving any vacation notice or warning for any violations, the officers of BMC started with their demolition work in an arbitrary and illegal manner," the homeowners claimed.
"Within 30 minutes, the demolition work was complete which did not give them any opportunity to approach any court of law. This resulted in infringement of fundamental rights guaranteed by the Constitution," stated the petitioners. The store homeowners claimed they had the vital licences to function the place and had hire agreements. The petitioners stated the demolition used to be unlawful as they were not served with any demolition understand or given a chance to conform to the due process of regulation.
BMC told to rebuild six shops it razed in Bandra
![BMC told to rebuild six shops it razed in Bandra]()
Reviewed by Kailash
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June 13, 2018
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