Malad residents affected by road widening pin hopes on HC

Out of 16 buildings along road number six in Mamlatdarwadi, residents of four buildings filed petitions in the HC in first week of May, accusing the BMC of widening the road in violation of due processes. The remaining buildings are in the process of filing similar petitions

Mumbai: Residents of Mamlatdarwadi in Malad West are in the process of moving the Bombay high court (HC) in a desperate bid to save their compounds from being engulfed by road widening work being undertaken by the Brihanmumbai Municipal Corporation (BMC).

Road number six is currently 4.5 metres wide. The BMC is widening it to nine metres, which threatens several buildings along the road, said residents

Out of 16 buildings along road number six in Mamlatdarwadi, residents of four buildings filed petitions in the HC in first week of May, accusing the BMC of widening the road in violation of due processes. The remaining buildings are in the process of filing similar petitions.

Road number six is currently 4.5 metres wide. The BMC is widening it to nine metres, which threatens several buildings along the road, said residents.

“Some of the buildings were originally ‘wadas’ (traditional houses) which were redeveloped over the last decade or so,” said Salil Thackare, an architect and the landlord of one of the buildings. These buildings, located on either side of the road, have a three-metre gap between their compound wall and pillars, which is threatened by the road widening work, he said.

“Buildings on the right side of the road will lose 2.5 metres while those on the left will lose 1.8 metres owing to the road widening,” said Thackare. “There are only limited people here and the existing road is good for us.”

Residents said the work would threaten the structural integrity of their buildings and rob them of parking space.

“Digging will be undertaken very close to our pillars. This could affect the structural integrity of the buildings,” said Thackare.

“If we give away our compound, our building will have no parking space,” said Nahush Nene, another resident. “Should we give away our land and park our vehicles on the road, only to be penalised by the civic body?”

Dejul Shah, a landlord, said road number six has considerable green cover including 52 big trees which will be affected by road widening.

‘Undue favour’

The residents allege the road is being widened hastily in violation of due procedures and to favour a developer who wants to build a high rise in the area.

On April 15, the BMC served the residents a notice under section 299 of the Mumbai Municipal Corporation Act, 1888, saying the demarcated area would have to be cleared within seven days, failing which the BMC would clear it.

“The notice was sent although the BMC had not demarcated any area within our buildings,” said Kamlesh Deorukhkar. “Worse, no discussions were held about the road widening, nor were we intimated about it.”

Then, on April 30, a bulldozer made its appearance, ready to raze the compound walls. Residents mobilised in response, first to stall the bulldozer from demolishing their property, then to submit a formal complaint to the BMC.

“When we tried to submit the complaint, we were told that the time for objections had passed and our only option was legal recourse,” said Deorukhkar.

It was only after this that residents of two buildings moved the high court, which asked the BMC to conduct a survey of the area and identify any chances of structural damage. Subsequently, two other residents also filed petitions in the high court which are yet to come up for hearing.

The residents allege the road is being widened hastily to facilitate a high rise on a plot adjacent to the P North ward office.

“They are widening this road exactly to nine meters, which will enable the developer to get approval for a high rise,” said Dejul.

Kundan Valvi, assistant commissioner, P North ward, brushed aside residents’ allegations, saying the road was being widened in accordance with the 2034 development plan.

“We have followed all the procedures and gave proper time to the residents,” he said.

Valvi said a survey was conducted in the area on Thursday, following directions from the high court. “A final decision will be taken after orders from the high court,” he said.

The petition filed by residents of two buildings is up for hearing on May 9.