HC directs BMC to expeditiously decide on allegations of illegal market at Millat Nagar playground in Andheri
The court, without observing anything on merits of the contentions, as the Federation was not represented before it, directed BMC authority to look into the matter.
The court asked the BMC to take immediate action if the authorities find unauthorised use or illegal conversion of the said area. (Source: Express Archives)
The Bombay High Court recently directed the BMC to decide in an expeditious manner on the allegations by Millat Nagar Residents Welfare Association of Oshiwara area in Andheri (West) that playground sanctioned by the civic body for children is being used as “Tuesday market” for hawkers and as goat market during Eid festival.
The court asked the BMC to take immediate action if the authorities find unauthorised use or illegal conversion of the said area.
A bench of Justices Makarand S Karnik and Shriram M Modak on March 6 was hearing plea by the Association which informed the bench that the petitioner and another body, Millat Nagar Cooperative Housing Society Federation Limited, that oversee common areas of 29 residential societies and one commercial complex in Millat Nagar and the other body includes.
Advocate Vikram N Walawalkar for the petitioner Association claimed that through “strong arm tactics,” the Federation has taken illegal and exclusive control of the playground and other common areas of Millat Nagar layout and converted the use of playground to conduct commercial activities.
Walawalkar said weekly Tuesday market is organised on the said playground inviting hawkers from across Mumbai to sell their goods and Rs 59,000 are paid for weekly use of the market.
The petitioner further alleged that an illegal goat market is organised during Eid festival for which the Federation gets a consideration of Rs 5 lakh. Therefore, the plea alleged illegal conversion of the playground area as per sanctioned plan and violation of the Maharashtra Regional and Town Planning (MRTP) Act.
It was further submitted that illegal goat market was in contravention of the Mumbai Municipal Corporation Act and a representation was made in May 2022 to the Assistant Municipal Commissioner (AMC), K/West, Andheri.
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The court, without observing anything on merits of the contentions, as the Federation was not represented before it, directed BMC authority to look into the matter.
It asked the AMC to examine and address petitioner’s grievance within two weeks and take “immediate appropriate action” if the authorities “are of the opinion that there is unauthorised use or illegal conversion by respondent no.3 in terms of provisions of MRTP Act.”
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
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