Plea against demolition waste dumped on Kurla road: HC seeks BMC response

The Bombay High Court directed the BMC to file an affidavit substantiating its claim of clearing demolition debris in Kurla (West) after a petitioner alleged that civic officers had blocked road access by dumping waste.

The Bombay High Court asked the BMC to file an affidavit confirming removal of demolition debris in Kurla after a petitioner alleged the waste blocked public access.The petitioner disputed BMC’s claim that the debris was cleared earlier. (File photo)

The Bombay High Court directed the Brihanmumbai Municipal Corporation (BMC) to file an affidavit in reply to substantiate its claims that debris and demolition waste put by its officers on the road in Kurla (West) were removed, even as the petitioner disputed the authority’s claim.

The petitioner claimed the road was used by residents, pedestrians and emergency vehicles and entire ingress and egress to the adjoining residential buildings and shops was completely blocked due to the waste dumped after demolition by the civic officers.

A vacation bench of Justice Advait M Sethna was on October 24 hearing a plea by one Ubedur Rahman Khan argued through advocate Huze Qureshi claiming that there was an urgency in moving before the vacation court.

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The petitioner submitted that the building known as Ismail Manzil, Kurla (West) was demolished by the respondent-corporation on October 10 and pursuant to such demolition,  due to the illegal dumping of debris and demolition wastes by officers of municipal corporation, access to municipal road is completely blocked.

Qureshi said that the road was being used by several people and dumping of debris hindered their movement, causing inconvenience to them.

Advocate Jyoti Mhatre, for BMC, however, submitted that such debris and demolition waste, which seemed to be the subject matter of the grievance raised by the petitioner, were removed on October 15. However, advocate Qureshi disputed the BMC’s claims.

“Be that as it may. With the above observations, it would be just and proper to direct that the matter be taken up by the regular Court,” Justice Sethna noted.

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The judge asked BMC lawyer to file an appropriate affidavit in reply to the petition disclosing the relevant facts and also granted liberty to the parties to mention the matter before regular court for listing of the proceedings and/or for passing further orders.

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