Bhendi Bazaar: Bombay HC dismisses plea against permissions granted to Trust to carry out cluster development work
The court noted that the petitioner is one of the occupants of the 342 sq ft premise located on the ground floor of a dangerous and dilapidated building at Sharafally Mamooji Chawl on Gujar Street.
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Senior advocate Viraag Tulzapurkar, appearing for SBUT, submitted that the Trust had followed all procedure to initiate redevelopment work in accordance with the law and the petitioner was trying to stall the process.
The Bombay High Court last week dismissed a plea seeking to cancel permissions provided to Saifee Burhani Upliftment Trust (SBUT), which has undertaken cluster development of Bhendi Bazaar in Mumbai, while directing the Trust to protect and preserve four tombs in the petitioner’s premise while carrying out the work.
A division bench of Justice S J Kathawalla and Justice B P Colabawalla was on July 31 hearing a plea filed by Sugra Begum Abdul Gani Shaikh (76), an occupant of a premise in Bhendi Bazaar, seeking directions to the state government to revoke or cancel permission and sanction, including Letter of Intent, granted to the Trust for redevelopment purposes.
The court noted that the petitioner is one of the occupants of the 342 sq ft premise located on the ground floor of a dangerous and dilapidated building at Sharafally Mamooji Chawl on Gujar Street.
Shaikh, through advocates Bhavesh Parmar and Devmani Shukla, submitted that tombs in the premise, which belong to her ancestors, are her private property and also a heritage structure that deserves to be protected and preserved.
Senior advocate Viraag Tulzapurkar, appearing for SBUT, submitted that the Trust had followed all procedure to initiate redevelopment work in accordance with the law and the petitioner was trying to stall the process. He said the four tombs will be preserved and protected and urged the court to dismiss the plea.
While dismissing the plea, the bench directed the Trust to ensure that the four tombs are not damaged. It also directed the petitioner not to cause any hindrance in the redevelopment process and to immediately remove her belongings from the premise.
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