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Redevelopment tender: HC asks MSRDC if notice includes plots reserved for burial ground, dispensary

Representing the petitioner, senior advocate Arshad Shaikh on Thursday submitted that as per the tender notice, the project area includes 57 acres on the Western Express Highway in Bandra near J Kumar casting yard and that an area of 28 acres was available for development

Bombay HCA bench led by Chief Justice Devendra Kumar Upadhyaya was hearing a PIL by Mohammed Furqan Mohammed Ali Qureshi who had claimed the MSRDC issued a tender notice inviting bids to redevelop the site. (File Photo)

The Bombay High Court on Thursday directed the Maharashtra State Road Development Corporation (MSRDC) to file an affidavit on whether the subject matter of a tender notice inviting bids to redevelop a site in Bandra (West) included plots reserved for a Muslim burial ground and a municipal dispensary. It had earlier asked why the MSRDC did not hand over possession of land earmarked for the burial ground to the BMC.

A bench led by Chief Justice Devendra Kumar Upadhyaya was hearing a PIL by Mohammed Furqan Mohammed Ali Qureshi who had claimed the MSRDC issued a tender notice inviting bids to redevelop the site. In the last hearing, the BMC had submitted that the plots’ possession had not been handed over to the civic body by the MSRDC despite writing letters asking the latter to hand over the same.

Representing the petitioner, senior advocate Arshad Shaikh on Thursday submitted that as per the tender notice, the project area includes 57 acres on the Western Express Highway in Bandra near J Kumar casting yard and that an area of 28 acres was available for development. The petitioner added that of 28 acres, 4 acres was currently reserved and 24 acres was freely available for development and the balance 4 acres will be available for development in due course of time.

“Admittedly, three plots having a total area of 9,000 square metres have been reserved for the cemetery and in addition to the said area, an area of 2,300 sq. mtrs. has been reserved for Municipal Dispensary. In the absence of the affidavit which was required to be filed by the State, we are unable to decipher as to whether the land reserved for the cemetery is part of the tender notice issued by MSRDC,” the bench noted.

The court was informed that the tender process was likely to be concluded soon and the MSRDC was required to file an affidavit as to whether the subject matter of the tender notice includes three plots reserved for cemetery and another plot of 2,300 square metres for a municipal dispensary. It also asked the BMC to gather information about the identity of the land, which was the subject matter of the notice. The HC directed the petitioner to add MSRDC as a party respondent in the matter and posted the matter for further hearing to February 27.

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  • Bombay HC crematoriums and burial grounds MSRDC
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