HC paves way for storm water pumping station in Oshiwara

The Bombay high court has paved the way for Brihanmumbai Municipal Corporation (BMC) to construct the seventh storm water pumping station on Mogra nullah in Oshiwara. The proposed facility would provide much-needed relief to areas like Oshiwara, Andheri, Versova and Jogeshwari

MUMBAI: The Bombay high court has paved the way for Brihanmumbai Municipal Corporation (BMC) to construct the seventh storm water pumping station on Mogra nullah in Oshiwara. The proposed facility would provide much-needed relief to areas like Oshiwara, Andheri, Versova and Jogeshwari which witness flooding during monsoon every year.

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A division bench of justice MS Sonak and justice Kamal Khata on Wednesday struck down a single judge bench order restraining BMC from entering a private land at Mogra, and allowed the civic body to proceed with the construction of the storm water pumping station on condition that it would deposit an amount of ₹33 crore with the court registry in six weeks.

A single judge bench of justice Manish Pitale had on September 21, 2023, restrained BMC from entering a private land at Mogra where the civic body intended to construct the seventh storm water pumping station for the city. The pumping station, planned after the 2005 deluge with the capacity of pumping out 42,000 litres per second, is expected to cost around ₹400 crore.

Justice Pitale had issued the order on a plea filed by landowner, Samartha Development Corporation, after the BMC identified a piece of land owned by them and started the process for acquisition of the land parcel but abruptly dropped the proceedings and shifted the project to Mogra nullah, claiming that there was no need to acquire the land and pay compensation to the landowner.

The landowner had moved the high court seeking an injunction against the BMC, civic officers and contractors, contending that they cannot use their land for construction of the pumping station without compensating them.

Justice Pitale had accepted the landowner’s stand, noting that the abandonment of the acquisition and attempt by BMC to directly enter the land belonging to the plaintiffs indicated a high-handed approach.

The division bench of HC, however, refused to accept the reasoning and allowed BMC to proceed with the project subject to land acquisition compensation being deposited in the court. The division bench also clarified that the landowners would get compensation if they succeed in the proceedings.