Bombay HC directs MMRDA to stop work on elevated corridor on Santacruz-Chembur Link Road

Source:-hindustantimes

The Bombay high court (HC) on Tuesday directed the Mumbai Metropolitan Region Development Authority (MMRDA) to forthwith stop the work on the elevated corridor from CST Bridge at Kurla to Vakola along the Santacruz-Chembur Link Road (SCLR).

The division bench of justice SJ Kathawalla and justice Riyaz Chagla issued the order after finding that MMRDA had started work near CST Bridge at Kurla on a plot of land belonging to Kapadia Development Co-operative Housing Society, without acquiring the land by following due process of law.

In its order, the bench noted that MMRDA had started the work on Kurla side of the corridor presuming that the Brihanmumbai Municipal Corporation (BMC) had acquired the property – about 700 square meters of land belonging to the housing society. The civic body, however, clarified that it had not acquired the land.

“If this is the case, the work of the road is illegal. MMRDA is directed to forthwith stop the work,” said the bench.

It was hearing a petition filed by Kapadia Society seeking orders to MMRDA to immediately handover possession of the plot back to the society or acquire the land by paying appropriate compensation to it.

In its petition filed through advocate Rakesh Agrawal, the society stated that it had in the past handed over about 741.25 square meters of land to BMC for construction of the link road in 1982, but no compensation had been paid to it either in terms of money or transferrable development right. It has therefore also sought a direction to MBC to pay compensation for the 741.25 square meters of its land.

Apprehending high handed action from the authorities, the society had in April 2019 issued legal notices to both, BMC and MMRDA, calling upon them to not take possession of any part of the society land without following due process of law, said the petition.

“Taking advantage of the lockdown due to Covid-19 pandemic, persons of the contractor, acting under directions of MMRDA officials, have taken unlawful possession of the subject plot for implementing the project,” it added.

The society has also clarified that it was not opposing the public project, but the high-handed manner in which the project was being implemented and the depreciable action of the MMRDA officials of entering in the land on April 16, 2020, by taking advantage of the lockdown.

HC has now posted the petition for further hearing on September 17 with a direction to MMRDA to disclose on affidavit on what basis it stated that the BMC had acquired 700 square meters of land belonging to the petitioner society.