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BMC can't take Priyadarshini Park possession: HC

MUMBAI: The Bombay prime courtroom on Thursday mentioned the Brihanmumbai Municipal Corporation (BMC) can't take ownership of the 20-acre Priyadarshini Park in south Mumbai without following the due means of regulation.

Noting that there already existed a prior HC order to this impact, a bench of Justices Ranjit More and Bharati Dangre disposed of a petition filed through a resident affiliation of the Malabar Hill space challenging an eviction realize issued to them through the BMC.

The bench took notice of BMC's submission that the awareness, issued in November closing yr, used to be "only a quick notice," and that the petitioners would be given a good hearing as consistent with municipal rules, earlier than any coercive action used to be taken through the civic frame.

Therefore, the petition were filed "unnecessarily" and considering that the BMC itself used to be willing to observe due procedure earlier than taking any coercive action, the petitioners' grievance against the awareness didn't live on, the courtroom mentioned.

The bench used to be hearing a petition filed through Malabar Hill Citizens' Forum, which takes care of the maintenance of Priyadarshini Park, situated at Napean Sea Road.

The BMC had not too long ago terminated the agreement with the discussion board for maintaining the park on the floor that it had violated terms and conditions of allotment.

In its order, the BMC had directed the petitioners to vacate the park premises through February 1.

The petitioner, however, argued that the awareness used to be dangerous in regulation since, without giving them a good hearing as stipulated below section 105(B) of the Mumbai Municipal Corporation Act, 1888, the BMC had already asked them to vacate the premises and warned them of coercive action.

BMC's counsel Anil Sakhre, however, instructed the bench that the "quick notice" used to be issued to invite the petitioner "why action must not be initiated against the association".

"A proper show cause notice will follow and the association will be given a chance to present its case," Sakhre mentioned.

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