No HC relief for man seeking to build theatre at Navy colonyUpdated: Sep 30, 2019 00:09 IST
The Bombay high court (HC) on Friday refused to intervene after a developer filed a petition, seeking directions to civic authorities to allow construction of a theatre at Navy Residential Colony in Kanjurmarg.
The petitioner had referred to a previous court order that permitted construction in the area. However, HC held that the developer could not ask the court to make authorities implement it. Instead, the court asked him to initiate contempt proceedings against the authorities.
The division bench of justices Ranjit More and Bharati Dangre was informed that in February 2019, the court had, responding to another petition, allowed constructions within 500 metres of the colony. Thus, the same order would be applicable in cases of other constructions, the advocate contended.
The advocate said that his client as well as another society, had started construction in the area, but the Brihanmumbai Municipal Corporation (BMC) had stopped their works, demanding no objection certificates (NOCs) from the Centre and the Navy. The advocate said, the court should issue a clarification that the February order was a precedent order and authorities should insist on an NOC. The Union of India opposed the motion, stating that the developer was not party to the petition when the February order was passed.
After hearing the submissions, the court observed, “Once a judgment is delivered by this court on a particular issue, all identical matters are to be dealt with by the executive in light of the said decision. They cannot relegate the citizens to the court for seeking similar orders by abdicating their executive functions.”
First Published: Sep 30, 2019 00:09 IST