Mithi River Excavation Project: Court Rejects Plea Against Choudhary Compound Demolition In Kurla, Says Flood Prevention Work Cannot Be Delayed

Mumbai, June 6: The City Civil Court has refused to grant interim relief against demolition to unauthorised occupants in Kurla West’s Choudhary Compound, affected by the Mithi River excavation project.

Several occupants, declared ineligible for rehabilitation by the competent authority, had challenged the BMC's demolition notice and sought an urgent stay, claiming the civic body failed to follow due process of law.

The BMC opposed the suit, arguing that it was not legally maintainable. The civic body stated that the Mumbai Metropolitan Region Development Authority (MMRDA) handed over a letter dated January 6, 2021, along with Annexure II.

This document proved that the competent authority had already completed the survey and classification of structures, establishing that due process was followed before the handover.

BMC cites public interest

The BMC further contended that any delay in constructing the Mithi River protection wall and excavation work could cause the river to overflow, leading to flooding in Mumbai and disrupting public life.

The court observed that the suit premises are located on the bank of the Mithi River and that the MMRDA, as the competent planning authority for the Mithi River protection wall and Vakola Nala project, had completed the entire statutory process earlier. It noted that eligible occupants had already received possession of rehabilitation land from the MMRDA.

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Court dismisses plea

Dismissing the notice of motion, the court ruled that the plaintiff failed to make out a prima facie case. It emphasised that excavation work for the Mithi River project is essential during the monsoon season to prevent adverse impacts on citizens' lives.

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