BMC puts demolition notice in abeyance for structures near Hancock flyover

MUMBAI: The Mumbai civic body informed Bombay high court that it would not act on its April 27 notice to demolish certain structures meant for completion of work on Hancock flyover, with out prior permission of the court.
The assurance was given after petitions filed by Sangram Singh and several others challenging the demolition notice issued more than 10 days after a full bench order of the HC in a suo motu PUblic Interest Litigation (PIL) directing all demolition orders to be kept in abeyance till May 7 and with the order being further extended till June 30.
“The illegal structures are impeding the completion of a project of public importance, the Hancock Flyover on Shivdas Chapsi Marg,” said the BMC lawyer before a bench of the Chief Justice Dipankar Datta and Justice Girish Kulkarni
The petitioners contended that the BrihanMumbai Municipal Corporation (BMC) is “in contempt and appropriate order should be passed protecting the petitioners’ interest.”
The BMC advocate Oorja Dhond submitted that “in ignorance of the order of the Full Bench dated April 16, 2021, the impugned notice dated April 27, 2021 was issued”. However the police had informed BMC that it cannot provide its assistance for any such demolition in view of the Full Bench order, and hence the BMC decided to defer the demolition.
On instructions from Makrand Dagadkhair, Assistant Commissioner ‘E’ Ward, the BMC lawyer submitted that no further action shall be taken in pursuance of its notice until court allows it to proceed further with the proposed project work.
The HC however, granted liberty to the BMC to seek such permission by filing a proper application before it and also “shall not be precluded from producing relevant material and/or evidence before the competent authority of the Corporation to establish that the structures raised by them are authorized.”