Bombay HC tells MMRDA to stop road work on housing society plot – ET RealEstate

MUMBAI: Bombay high court on Tuesday directed MMRDA to “forthwith stop work of road-widening on a plot owned by a housing society” in Kurla (W) after it alleged that the authority took possession of 700 sq metres in a “high-handed manner’’.

The work is for an elevated road corridor from Kurla to Vakola on Santacruz-Chembur link road and MTNL junction, BKC to LBS flyover at Kurla.

Kapadia Development Coop Housing Society argued, through its counsel Rakesh Agrawal, that Mumbai Metropolitan Region Development Authority forcibly took possession of part of its plot for the project. MMRDA counsel Akshay Shinde, admitting that road-widening was on, on the society’s plot, said it was acquired by BMC. But special counsel Anil Sakhare said the project was undertaken by MMRDA and BMC had not acquired the plot.

An HC bench of Justices S J Kathawalla and Riyaz Chagla said that if what BMC stated was correct, MMRDA was not entitled to carry out road-widening by making use of the petitioner’s plot.

HC directed MMRDA to file a detailed affidavit on what basis it submitted to court on affidavit that the plot admitted owned by the society and used for road-widening was acquired by BMC. The matter will be heard next on September 15.

The property abuts Mithi river. The society is not opposing the public project but the manner in which, taking advantage of the lockdown in April, part of its plot was “forcibly taken”.

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