Court dismisses plea of project-affected people, allows BMC to demolish structures creating bottleneck near Sion station
Work on demolishing structures that were coming in the way of the road widening project began this week
The much delayed widening of Lal Bahadur Shashtri (LBS) Marg at the Sion Station end has begun with demolition of structures that were creating a bottleneck situation, after the City Civil Court dismissed a plea of project-affected people on March 2.
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Judge SG Shaikh disposed of a suit filed by 10 PAP seeking to stay the notice for demolition by the BMC, which had identified structures that were coming in the way of the widening project. Earlier, the plaintiffs had obtained the order of ad-interim injunction. The BMC had initiated the project in 2017 and made a budgetary provision as well.
BMC’s counsel Advocate Dharmesh Vyas told mid-day that a detailed hearing was held in which he argued why injunction to halt public infrastructure cannot be given under relevant acts, and that the structures, which are held non-eligible (for rehabilitation) can appeal before the BMC. He argued further that the project was of paramount importance for easing vehicular and pedestrian traffic at this particular stretch.
The court dismissed the matter and vacated ad-interim protection given to the plaintiffs. In its order, the court said that, prima-facie, each of the shop gala has extended its original site by encroaching upon the open land, and there are multiple claims for rehabilitation. “This appears ex-facie encroachment as there is one electricity connection for two or three alleged claims,” the order said, adding that the court did not desire to adjudicate upon multiple claims unless evidence is cited at relevant stage.
The court added that the land on which the structures are situated is owned by the BMC. “Rehabilitation of encroachers is recognised as a right, but in fact, it is not a matter of right but statutory courtesy in the welfare state where right to livelihood is recognised. But such a right cannot be enforced as ransom, seeking injunction to withhold essential infrastructure projects where a single day delay increases the costs of a project, which is again paid out of public funds,” the order said, adding that this vicious cycle should be stopped for completing the project.
Assistant municipal commissioner of G North Ward, Kiran Dighavkar, said, “It was a long pending issue which created a major bottleneck along LBS Marg in Dharavi. It will help ease traffic movement in the area.”
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