Mumbai: Plot trustee accuses BMC of high-handedness

A JCB breaking a wall at the garden on Monday

The BMC has taken control of a one-acre plot called Suraksha Garden on Capt. Prakash Pethe Marg, near Machimaar Nagar, opposite Lovely Homebuilding. The civic authorities took over the open space sealing its authority over the space on Monday, January 27. The move seems to have ended a 24-year-old dispute for the prime property, which was under the custody of a city charitable outfit called Suraksha Trust.

High-handed

The Trust, which is a registered charitable body claimed to be maintaining the garden for more than two decades and has accused the BMC of going against court orders, "it has been a case of high-handedness and contempt of court," said Trust chairman J K Jain.

J K Jain

Jain claimed that the Trust has been in "litigation over the plot since years and there have been several court orders from the City Civil Court in my (Suraksha Trust) favour. The civic authorities recently moved the High Court and got no relief. Despite that, I got a letter on Saturday, January 25, from the BMC, Office of the Superintendent of Gardens (Byculla East) an excerpt of which stated, 'Even though the Licence period has expired the trustees of Suraksha Trust are still holding out the said ground illegally and unauthorisedly. You are hereby put on notice that, on 27:01:2020 at 10.30 am the staff/officers of the garden department of the MCGM will take over the possession of the said ground for developing and maintaining the ground for the said purpose.'"

We triumphed

The Suraksha Garden plot

The corporator Harshita Narwekar though claimed that this was a huge triumph for the public. "The garden was inaccessible to the people for more than two decades. This action is legal and when it was opened by the BMC with locals, we saw how it had gone to seed. It was wild, overgrown and not maintained at all. The civic authorities will now start planning on how to beautify this and make it a garden accessible to all. As corporators, we have to ensure that the public benefits by this and we are also going to have inputs by locals for design and facilities."

Jain though slammed the accusations and said, "It was open to the public. There were overgrowth and wilderness inside and it was not optimally maintained because I never got the requisite permissions, for lights or water. How could I then maintain the park?"

Procedure followed

Corporator Makarand Narvekar added, "Jain is lying through his teeth. The BMC takeover has been according to proper procedure and due process of law has been followed. SoBo will get a massive park for the public. The civic authorities will now move on planning and designing this space and the way it will be used. The community will be roped in." As a parting shot, Makarand Narvekar said that, "there should be a criminal offence registered against people who have cut off public access to this space and not maintained it for more than 20 years."

Jain though stressed that the action was illegal and said that he had approached the Cuffe Parade police station but no action has been taken. "I will now move for contempt of court," he added.

Joyful opening

Haresh Hathiramani member, Old Cuffe Parade Residents' Association (OCPRA) rubbished Jain's claims that the space was accessible to residents. "it has been closed for years and several gates were barricaded. I was present on Monday when the corporators and BMC moved in. It was such a mess inside. I was present on Tuesday too and a clean-up has already started. We are elated. This place is "pretty decent" space-wise. The locals will also be involved in giving their views and inputs, even as landscaping experts take over. The overall sentiment is that we have a pet park in the vicinity, we have a senior citizen garden (it was inaugurated on January 26) now let us have something for kids. These are very early days though, but there is the joy that it has been set in motion."

A coconut broken at the plot signifying auspicious beginnings

This paper had reported on Tuesday that Colaba-Cuffe Parade locals got an unexpected and welcome gift on Republic Day as a garden dedicated to senior citizens opened at Cuffe Parade. Now, yet another park will be gifted to the locals. It is a New Year off to a good, green start for SoBo.

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