Indore: Indore Municipal Corporation (IMC) can now go ahead and remove a portion of boundary wall of a house owned by Advocate Ravi Waghmare on AB Road which has been creating a bottleneck on BRTS Corridor in Press Complex area as the Supreme Court on Tuesday quashed a petition challenging the IMC’s move to demolish ‘the obstruction’ before the BRTS.
As many 12 more identical petitions, including three filed by people from Indore and nine by Bhopal residents, were also rejected by the apex court.
The petitioner has challenged provision 305, 306 and 387 of the Municipal Corporation Act, 1956 as ulta virus after municipal authorities moved to acquire portions of their immovable properties.
IMC counsel Manish Munshi said that a division bench comprising Justice JS Khehar and Justice Arun Mishra upheld the provisions of IMC Act observing that the power of acquiring land is vested with municipal body after granting reasonable compensation to the property owner.
However, the court did not comment on the reasonable compensation but stated that if the aggrieved property owner is not satisfied with the compensation provide by the municipal body they can go for arbitration before the district court.
Munshi stated that Section 305 is for acquisition of land and Section 387 for arbitration.
BRTS was introduced by the IMC in order to widen 11.4 km stretch of AB Road from Niranjanpur to Rajiv Gandhi Square.
The road in front of Waghmare’s house has become a bottleneck and the corporation has not been able to construct the road in front of the house of the petitioner though a notice was issued way back him in 2007. A large number of writ petitions were filed before the Madhya Pradesh High Court which had taken a uniform view in all other cases that the corporation can very well utilise set back area keeping in view the provisions of Sec 305 but Waghmare’s case remained in the legal tangle and reached to the apex court.
However, he did not get relief from the apex court as well. Munshi said that after apex court’s order, the IMC can now demolish that portion of boundary wall of Waghmare’s house which is creating bottleneck on BRTS corridor.