Mumbai, June 16: The Bombay High Court on Tuesday stayed the BMC action of revoking permission to operate a restaurant for a private company operating parts of the Kalidas Sports Complex/Priyadarshini Indira Gandhi Sports Complex in Mulund.
A bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad stayed the BMC’s demolition action until further hearing.
Company Challenges Civic Action In High Court
The HC was hearing a petition filed by Dhanraj Hospitality & Services Pvt Ltd, through senior advocate Birendra Saraf and advocate Joel Carlos, against the BMC and other respondents. The company sought directions restraining the civic body from carrying out demolition, sealing or any coercive action at the premises.
The company claimed that the BMC allegedly began demolition work without issuing prior notice.
According to the petition, the company was awarded the contract in 2021 through a public tender floated by a trust formed by the BMC for operating and modernising designated areas of the Kalidas Sports Complex and Priyadarshini Indira Gandhi Sports Complex. The petitioner claimed it invested heavily in structural repairs, beautification and landscaping work at the site.
The company alleged that demolition activities began on May 16 without any valid notice or opportunity for a hearing. It further claimed that the action was politically motivated following allegations of a “Rs 100 crore scam” linked to the operation of the premises.
Petitioner Alleges Due Process Was Not Followed
“The petitioner is operating the eatery as per the sanctioned plan and health licences issued and there is no illegality or unauthorised work carried out,” the plea read.
The plea added that the application for a Completion Certificate is to be made by the trust constituted by the BMC and that the trust had not made the application. It contended that the consequences of the same were being imposed on the petitioner.
In May, the vacation court had granted interim protection to the petitioner against the civic body’s action, noting that the BMC had not issued any notice to the petitioner and that it “cannot take law into its own hands”.
The petitioner had contended that the structures were erected as per sanctioned building plans and that the civic action was carried out “without following due process of law”.
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BMC Defends Demolition Action
However, the BMC claimed that it only removed an “illegally put” decorative façade and had not touched any sanctioned structure. It also submitted that the badminton hall was allegedly being used as a marriage hall.
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