HC restrains NMC from opening traffic park tender

Nagpur: Restraining Nagpur Municipal Corporation (NMC) from opening its commercial tender for reviving Children’s Traffic Park, Nagpur bench of the Bombay high court on Thursday reserved the public interest litigation (PIL) for judgment.
After a marathon hearing, a division bench comprising Justice Sunil Shukre and Justice Anil Kilor directed the NMC commissioner not to proceed with the tender for appointing operator to run the park till HC’s verdict.
The directives came while hearing a PIL by NGO Civic Action Guild Foundation, which had challenged the civic body’s July 10 tender for restarting the park in Dharampeth.
Through senior counsel Anil Mardikar and Tushar Mandlekar, the petitioner termed the NMC’s move to float commercial tender as arbitrary in nature and violative of Dharampeth residents’ fundamental rights.
NMC counsel Gemini Kasat admitted that the land was reserved for park but pointed out that commercial operations were conducted by previous operator for nine years and residents didn’t object.
Terming the tender illegal, the petitioner contended that NMC failed to obtain permission under Section 253 of Maharashtra Municipal Corporation Act for construction activities there. Moreover, there is no building completion or occupancy certificate taken, said the petitioner.
According to the plea, the land is reserved as a garden in sanctioned development plan (DP) under Section 33 of the MRTP Act, 1966, and hence can’t be allowed to be operated for any other purpose.