HC stops BMC from revoking OC | mumbai | Hindustan Times
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HC stops BMC from revoking OC

mumbai Updated: Oct 15, 2011 01:59 IST
HT Correspondent
HT Correspondent
Hindustan Times
Bommbay high court

The Bombay high court, on Thursday, restrained the Brihanmumbai Municipal Corporation (BMC) from taking any steps as in keeping with an order issued by chief minister Prithviraj Chavan directing the civic body to revoke Occupancy Certificate granted to an information technology park at Goregaon West.

“We thought Lokshahi Din was being held for resolving petty problems of people. But this is an eye-opener for us [that] such a drastic order has been passed,” the division bench of justice PB Majmudar and justice RM Sawant commented.

The court was hearing a petition filed by Balwa brothers of Techniplex AOP — a private firm, which has constructed the Techniplex Complex spread over 39,600 square yards of land.

Acting on a complaint filed by three tenants of the property on which the IT park has been constructed, the CM passed an order at the Lokshahi Din held on October 3, directing the BMC to revoke the Occupancy Certificate granted to the IT park on December 14 last year. The CM had also directed the BMC to take possession of certain disputed tenements in the IT park, on which the complainants had claimed rights.

The petitioners took objection to the mechanism of Lokshahi Din. “The proceedings of Lokshahi Din have been grossly abused to usurp jurisdiction not vested in the state government to adjudicate private disputes,” the petition states.

As per the petition, agreements executed between the developer and the tenants state that the latter surrender tenancy rights in favour of the former. The petitioners contended that the dispute, if any, between the developer and the tenants was of civil nature and could not have been decided in such a fashion.

The court has directed the state government to file an affidavit.

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