A division bench of Justice A M Khanwilkar and Justice Mridula Bhatkar was hearing a petition filed by Tehnaz Master (65), stating that a wall had been built on a leasehold land, owned by her. The land belongs to the collector. She said that in June 2012, a wall, approximately 15X50 ft, was erected between her freehold and leasehold lands and also blocked access to another freehold land that belongs to her. Master urged the court to direct demolition of the wall.
Her advocate, Nigel Quraishy, argued that in spite of complaints and reminders to the authorities, including the collector, Mhada, BMC and the police, no action was taken. "Neither have the authorities admitted to having given any permission for construction of the wall," said Quraishy.
The BMC advocate submitted that Mhada had constructed the wall at the instance of a local MLA using the MLA funds. However, the advocate added that she could not confirm the same. Justice Khanwilkar riposted, "Even if it is done at the instance of an MLA, prior permission of the BMC is required. If such permission has not been granted, then you must take action. Issue a stop-work notice to Mhada if the work is still going on or issue a demolition notice if the work has been completed without permission."
When Quraishy requested the court to direct the respondents, including Mhada, to file their replies, Justice Khanwilkar, "Don't worry, after this order, all will come running (to the court)." The judges directed the BMC to take necessary action and file a compliance report after two weeks.
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