The BMC informed the Bombay High Court (HC) that it has initiated an inquiry into a complaint regarding the misuse of 12 gardens adopted by a private organisation across the city. The gardens were given to develop and maintain under the civic body's adoption scheme.
A division bench of Chief Justice Dipankar Datta and Justice Madhav Jamdar was hearing a PIL filed by retired army officer Captain Haresh Gaglani.
The retired army officer had alleged that the BMC did not take action against World Renewal Spiritual Trust (Brahma Kumaris) for misuse of the gardens and to recover commercial charges / taxes from it. The charges were payable from the date of agreement till the gardens are vacated, with penalties levied.
According to the plea, the trust was given 12 gardens on a yearly lease of Re 1 per garden, with the first lease deed starting in 1994 till 2002. Despite the lease having expired, the trust has illegal possession of these prime lands. Besides, the trust has constructed permanent structures in these gardens and the same is being used for various illegal purposes including fundraising functions. Also, the general public is denied entry into these gardens, claims the PIL.
This is the third PIL filed by Gaglani raising the issue. In his PIL filed in 2015, the HC had directed that the garden opposite Sion Koliwada station be vacated and handed to the BMC. The second PIL was filed in 2017 praying that the remaining 11 gardens be vacated.
The BMC had informed the HC on June 11, 2018, that the gardens are vacated. The HC, on June 19, 2018, disposed off the PIL observing that the issues of recovery of revenue and delay in taking back possession require investigation and inquiries, and BMC is “at liberty to look into these aspects and take an appropriate decision”. However, following inaction on the part of the BMC, Gaglani filed the third PIL.
During a hearing last month, the HC asked the BMC about the status of its “inquiry” as per the 2018 order. BMC counsel Anil Sakhare informed the HC on Thursday that the deputy superintendent of gardens, Prashant More, will conduct the inquiry and complete it within four months. The HC has kept the PIL for hearing on December 12 when More “shall submit his preliminary report”.
