BMC sidesteps order to raze shoe shop

Ironically, the BMC had ordered demolition of the shop last year after its owner N K K Ali carried out repair works without the requisite permission of the corporation. Shinde’s predecessor V W Joshi had ordered the demolition.

The shop also comes in the way of the road-widening that the BMC is planning to take up. The BMC plans to widen the road to 60 feet. The shop comes within the line prescribed by the BMC in 1969 under Section 297 (I) (a) of the BMC Act. Hence, the BMC should not have granted the repair permission in the first place.

When it was pointed out to Shinde that flouting the order upheld by court would be a violation of the BMC Act of 1888, which states that “the commissioner is not empowered to sit in appeal or in revision against the order of demolition of structure passed by the DMC (Sections 351, 56 and 58),” he said the commissioner can review the decision as he heads the corporation.

The demolition notice under Section 351 was served on the shop-owner in May last year by Joshi. In the notice, Joshi had taken objections to Ali carrying out demolition of the eatery called Ganpati Vilas Uphar Griha which existed before his posh shoe shop was constructed and renovation of the same by brick masonry walls and by raising the height of the structure. Ali had raised the height of the structure from 12 ft 9 inches to 13 ft 3 inches and entirely rebuilt the structure with 9-inches-thick brick and masonry walls, according to records with the ward office.

Earlier, the fire brigade had also given its permission to Ali saying: “The structure is in a dilapidated condition, wooden beams are in deteriorated/ broken condition and the same may fall any moment. Cracks were found developed on the rear wall of the structure. It is necessary to get the said structure repaired as early as possible to avoid any mishap involving human lives.’

Ali, supported by the local Janata Dal corporator M J Hedge approached the City Civil Court against the demoliton notice sent by BMC, but it was dismissed. Hegde had inaugurated the renovated shop, now known as N K Shoe Corner. When contacted, Hegde informed that Ali had acquired the necessary permission from the BMC.

In September last year, the ward office, convinced that the repairs violated the permission granted to Ali, revoked the permission and issued a stop-work notice to Ali.

About road-widening, Hegde said Ali had given in writing to the BMC that he would surrender his shop when the widening would be taken up by BMC.

The residents of the area, including one Allwyn Gonsalves, are now planning to file a case against Nalinakshan for contempt of court as he was “sitting on Joshi’s order to demolish the structure.”