Bombay HC stays demolition of flower shops at Dadar

Mumbai: In a relief for several flower vendors at Dadar flower market, the Bombay High Court has restrained the Mumbai Municipal Corporation (BMC) from carrying out any demolition there and directed it not to disturb the commercial operations of flower vendors in the Dadar Market. A division bench of Justices RD Dhanuka and Kamal Khata on Friday stayed the demolition process undertaken by the BMC, observing: “The Municipal Corporation shall not carry out any further demolition of the offending structure. “The court has also restrained the petitioners from carrying out any “construction or alteration of any nature, whatsoever, without the prior sanction of the Municipal Corporation.

“The court has stated that it will decide “whether the Municipal Corporation was entitled to initiate demolition action and, if so, under what provisions of law and whether any law was required to be followed for carrying out such demolition or not” on the next date. The HC was hearing two separate petitions filed by flower vendors Rajesh Vartak and Mahendra Salunkhe through their advocates, Pradeep Thorat and Arjun Kadam, respectively, challenging the BMC action. COVID-19 in Mumbai: BMC plans to temporarily move Dadar flower market to new location, check it out hereThese shops are registered and operating for over 50 yearsKadam said that these shops are registered under law and have been operating for over 50 years.

The Municipal Corporation, without any prior notice, entered the flower market and initiated the demolition. Forceful possession of the shop premises was sought. The corporation also tried to restrain the flower vendors from operating the market by placing vehicles and other obstructions.

He further argued that the shops are registered in law, and assuming that the licences have expired or been cancelled, that cannot confer authority on the corporation to take over forceful possession of the shop premises, which are the private property of the flower vendors. They further contended that they are continuing their business of selling flowers on the said premise in an open area. The premises are owned by one Vijaysingh Upendrasingh Khasgiwale, who rented them to Yeshwant Jeevan Patil on a pagdi system.

The possession of the same was transferred to the petitioners in 1990 by Patil. BMC issues Show cause notice to themThe BMC issued them a show cause notice in December 2016, to which the petitioners filed their replies. Their licences were subsequently revoked in January 2017.

The petitioners filed an application for restoration of licence in July 2017. The decision on the same has not been taken yet. BMC counsels Pooja Yadav and Sunil Sonawane contended that the civic body had initiated action based on a complaint received from the Upendra Nagar Cooperative Society.

The corporation sought time to file a reply to the petition. The HC issued the following directive to the civic body: “The Municipal Corporation is directed to remove vehicles parked in the impugned writ premises within 48 hours from today without fail. “HC has asked petitioners to ensure no encroachmentIn addition, the HC has also asked the petitioners to ensure that no encroachment takes place in or around their shops.

“The petitioners are directed not to allow any encroachment on or around the writ property till further orders,” said the judges. Directing the BMC to file its reply in 2 weeks, the HC has also asked it to provide a copy of the complaint to the petitioners. The HC has kept the petition for a further hearing on December 5, 2022.

In Pics: Mumbaikars throng to Dadar flower market ahead of Ganeshotsav 2020.