MUMBAI: State government on Monday told Bombay high court that offices of political parties like BJP and Janata Dal could not be demolished as they have existed at Nehru Garden near Mantralaya even before the Development Control Rules came into force in 1991.
A division bench of Justice Anoop Mohta and Justice Amjad Sayed heard a public interest litigation by three south Mumbai residents associations challenging encroachments in Nehru Garden by offices of political parties and State bodies. On August 20, 2013 HC restrained BJP from carrying out further renovation of its office and directed a status quo in all respects in the garden.
The government's affidavit, submitted by its advocate Niranjan Pandit, said structures like Employment Exchange, offices of BJP and Janata Dal , Zunkha Bhakar Kendra and Mahila Arthik Vikas Mahamandal which the petitioner complains of as encroachment'' have existed for over 35 years and were constructed even before the land was earmarked as recreation ground (RG) in the Development Plan of 1991. It said the land belongs to the government which let it out to various parties and added that even though it was designated as RG, BMC never developed the garden. The structures have, therefore, remained even after the sanctioned plan of 1991 and till today and could not have been demolished by the Municipal Corporation of Greater Mumbai,'' it stated.
The affidavit said in case of unauthorised constructions, alterations and additions by the respondents (structures) , it is the responsibility of BMC to demolish them. The matter is adjourned by four weeks for the petitioners to file their rejoinder.
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