In a temporary win for the Bharatiya Janata Party (BJP)-led central government, the Bombay High Court, on Wednesday, stayed the ongoing construction work of the controversial Metro III carshed at the 102 acres land parcel at Kanjurmarg. The order came as a major setback for the Maha Vikas Aghadi, which had shifted the carshed from Aarey Colony to Kanjurmarg.
The transfer of this project to Kanjurmarg had become the major point of confrontation between the central and state government, as both claimed to be the rightful owner of the land.
A bench of Chief Justice Dipankar Datta and Justice Girish Kulkarni stayed the October 15 orders passed by suburban collector, transferring the land to Mumbai Metropolitan Region Development Authority (MMRDA) to construct the carshed at Kanjurmarg.
This comes after advocate general (AG) Ashutosh Kumbhakoni, for the state, told the bench that the collector was ready to withdraw the transfer orders and grant a fresh hearing to all the concerned parties.
"The collector has agreed to withdraw the order in question, though we (state) stand by his orders. He will pass a fresh order after considering the suggestions, if any, of all the concerned parties," Kumbhakoni submitted.
At this, the additional solicitor general (ASG) opposed the contention, saying that the bench must quash and set aside the transfer orders.
The bench, meanwhile, noted "an interesting fact" that the state had already moved a civil court seeking permission to use the land in question for the carshed from a private party, which owns part of the land.
"Thus, we are of the view that the state and other parties must wait for the decision in that matter," CJ Datta said while noting that the hearing before the civil court would be in February.
CJ Datta, however, stayed the transfer orders and asked the parties to maintain a status quo.
