The Vile Parle metropolitan magistrate court has dismissed a complaint filed by the BMC against the chairman of Celebration Club, Hemant Nair, for allegedly illegally filling a portion covered by mangroves behind the club with soil and debris. The court rapped the civic body for its shoddy probe and failing to refer to the original documents that it already had in its possession.
After Nair was accused of unauthorised earth-filling, the BMC had issued a notice under the Maharashtra Regional and Town Planning (MRTP) Act, directing him to restore the building to its original plan. When Nair failed to reply, a case was filed against him at the Oshiwara police station, but he refuted all allegations.
The court referred to several documents produced by the investigating officer and held that the entire case revolves around the MRTP Act. It noted lack of evidence, as the engineer hadn’t seen the key document of the registration of the club with the charity commissioner and the board of the directors of the club.
Magistrate Sandeep N Sarde said, “There is no document showing that the disputed property fell in the notified area within the MRTP boundaries. Moreover, the evidence lacks the document issued by the town planning authority, that the land belongs to them.”
