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HC seeks clarification from BMC over allegation of favours in road project

ByKaruna Nidhi
Jan 15, 2025 02:40 AM IST

The Bombay High Court questioned the BMC over allegations of extending private benefits to commercial space by removing two public toilets

The Bombay High Court on Monday questioned the Brihanmumbai Municipal Corporation (BMC) over allegations of extending private benefits to commercial space by removing two public toilets situated near Mrinal Tai Gore flyover.

The PIL sought directions from the Bombay High Court to restrain BMC from demolishing the two toilets.(HT_PRINT)
The PIL sought directions from the Bombay High Court to restrain BMC from demolishing the two toilets.(HT_PRINT)

The public interest litigation (PIL), filed by Vishwashanti Utkarsh Sanstha, sought directions from the Bombay High Court to restrain BMC from demolishing the two toilets, claiming that it would lead to significant public health risk, environmental hazards, and social discomfort.

The BMC, on October 7, 2024, sent a notice to Sulabh International Social Service, responsible for maintaining the structures, to demolish the two public toilets at Cama Estate, Goregaon East.

READ | Medical supplies to 27 BMC hospitals suspended over dues worth 120 cr

The petition alleged that the notice was received on request from MP Gajanan Kirtikar, on submission that it hindered the expansion of the road, crucial for easing traffic congestion around the area.

Advocate Rahil Ahmed Siddiqui, representing Vishwashanti Utkarsh Sanstha, submitted that the toilets were built specifically to serve the local slum population and are a part of the government’s initiative to improve sanitation in urban slums.

He contended that the demolition would disproportionately affect people who cannot easily access private facilities. Additionally, he alleged that the actual purpose of the demolition was to subserve the purpose of a private petrol pump.

READ | Andheri bldg demolished without following AQI norms, builder receives stop-work notice

“The two toilets are not coming in the alignment of road widening and is only being used as an excuse by the BMC to favour the commercial industry,” said Siddiqui.

On the other hand, advocates Chaitanya Chavan and Oorja Dhond, representing BMC, established that the area, particularly around the petrol pump, experiences significant traffic jams, due to nearby commercial and residential developments, compromising the safety of the pedestrians.

BMC filed an affidavit on Monday, stating that the construction of a new toilet block, located approximately 400m away from the subject toilet block, near Lodha Building, BMC Parking, besides Mrunal Tai Gore Flyover, is already in progress under the Slum Sanitation Programme.

After perusal of the submissions made by both parties, a division bench led by chief justice Devendra Kumar Upadhyaya and Justice Amit Borkar asserted the importance of the road widening project.

READ | BMC invites private firms to develop open spaces along Coastal Road

“Widening of roads is also very essential. We must take a step towards it even if it’s coming in the way of a petrol pump,” they said.

The court also directed the municipal authorities to find a space close to the prescribed location construct an additional permanent toilet and install another temporary cabin (porta cabin) toilet.

Listing the case for further hearing on January 20, 2025, the court directed the BMC to file an affidavit within three days, explaining their position regarding the objection by the petitioner.

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