Can firm function on Campa Cola land? Mumbai civic body to decide
A division bench of Justice Abhay Oka and Justice Riyaz Chagla has directed the AMC (city) to hear all the concernedmumbai Updated: Mar 10, 2018 22:05 IST
The additional municipal commissioner (city) of the Brihanmumbai Municipal Corporation (BMC) will conduct fresh proceedings to determine if the long lease of the controversial piece of land at Campa Cola compound, Worli, that is in favour of Pure Drinks Private Limited, will be terminated or not.
A division bench of Justice Abhay Oka and Justice Riyaz Chagla has directed the AMC (city) to hear all the concerned, including the federation of the six co-operative housing societies in the compound and the lessee, Pure Drinks, and Krishna Developers – in whose favour the defunct soft-drink manufacturer had purportedly transferred the lease.
The directive came after senior advocate Anil Sakhare informed the bench that civic chief Ajoy Mehta had on February 17, cancelled a July 14, 2016 order of a deputy municipal commissioner (DMC) that “virtually permitted transfer of lease of land in controversial Campa Cola compound at Worli” in favour of builder Krishna Developers. Sakhare also said the civic chief had entrusted the task of holding fresh proceedings for determining if the lease was liable to be terminated.
Acting on a petition filed by businessman Chandru Khemlani, in January 2018, the high court directed Mehta to personally look into the July 2016 order, as the bench had found it completely illegal. Khemlani has approached the high court through advocate Pradeep Havnur, challenging the validity of the July 2016 order of the DMC.
The 50-year-old contended that the order was issued pursuant to a show cause notice of August 2010 for termination of lease of Pure Drinks Private Limited because of breaches purportedly committed by the lessee. He said the DMC had no business to condone the breaches allegedly committed by the original lessee and other concerned persons and therefore the order was illegal.
Some of the breaches included the consumption of excess floor space index above the permissible limit and illegal construction of three upper floors on the buildings in the compound. The bench noted that the DCM (improvement) exceeded his brief and directed the six co-operative housing societies to enter into an agreement with Krishna Developers Private Limited.