Mumbai: The State Human Rights Commission has held the BMC Commissioner guilty of restricting a developer from using an internal road on LBS Marg Kurla giving reason of causing congestion on the roads. The commission has thus asked Rs 50,000 as a compensation for the same and further to revoke the ban which was imposed on the developer’s heavy vehicles. The Commission has also asked the Dy. Commissioner of Police to provide protection to the developer, if there arises any law and order situation from the local miscreants.
Gaurav Gadkari, had approached the commission filing a complaint against the BMC as well as Deputy Commissioner of Police, Zone X. According to the complaint copy, Gadkari, a developer, had approved a plan to develop a godown in Kurla Village, LBS Marg, from the BMC.
The developer had sought permission in October 2022, from the BMC, for allowing three of his heavy goods carriage, shall be accessing the road for the construction purpose. However in February 2023, the Asst. Engineer (Maintenance ) of the BMC, had revoked the permission, stating that the road is recently improved in cement concrete and new railings are fixed, thus the work carried out comes in the ‘Defect Liability Period’. Also there is a heavy vehicular traffic on the road.
The complainant said that he was not given any chance to explain anything on his behalf, nor was he given any show cause notice, and his movement was stopped abruptly. The BMC in its reply said that there was a tremendous traffic which was already present on the road and anything more heavy vehicle would have cause major traffic congestion.
The commission presided by Justice K.K.Tated, after hearing both the parties held that the basic principles are not adopted by the municipal corporation and thus it is an apt case to impose cost on him. “It is crystal clear that complainant’s human rights are violated because of the act of the corporation…. And that the letter to not to allow to use the road , was passed without following the process of Law,”the Oder copy reads.
