The BMC recently told the Bombay High Court that henceforth it would not allot the three spaces under the flyover at Marine Drive connecting Princess Street with South Mumbai. The HC has accordingly accepted the contention of the civic body.
A bench of Justice Girish Kulkarni dismissed a petition filed by the Mahamumbai Chhatri Utpadak Sahakari Kendra Limited, which had challenged the notice issued by the BMC to vacate its office premises situated below the bridge.
According to the petitioner, the BMC had granted the former a licence in April 1986 to occupy the premises admeasuring about 66 square metres. However, now the civic body has sought to revoke the licence as it is undertaking major repairs of the flyover and has therefore, ordered the petitioner to vacate the premises within 14 days, by notice.
The civic body claimed that major structural repair work of the road overbridge is to be undertaken and that the nature of work is "very severe" and the repair of the bridge is top priority. Thus, the premises in possession of the petitioner beneath the bridge would have to be vacated to free up working space for carrying out these major repairs to the ROB, the civic body claimed.
The judge, while dismissing the plea, noted that the contract to carry out major repairs has already been awarded.
"The counsel for the BMC on instructions makes a statement that, henceforth in future the civic body would not be allotting these premises under Fly-over/ROB to any person. The statement is accepted," Justice Kulkarni noted.
The bench accordingly dismissed the petition with a directive to the petitioner to vacate the premises as earliest as possible.
