Bombay HC stays demolition of 15 shops for Metro-3

Mumbai: The Bombay high court on Monday gave interim stay on the demolition notice issued by the Mumbai Metro Rail Corporation Limited (MMRCL) to around 15 shop-owners in Vakola, Santa Cruz (east), whose shops are coming in the way of the Metro 3 project.

A division bench of Justice A.S. Oka and Justice Riyaz Chagla while staying the notice dated April 3, made a prima facie observation that the MMRCL had no powers to carry out such demolition work. The court also issued notice to MMRCL to file its reply and kept the matter for further hearing on April 22. The court said, “By way of interim relief, we direct that no steps of demolition or eviction shall be undertaken.”

The petitioners argued that they had been doing business at the said place from 1990 and had all relevant documents to show their occupation since 1985. They said they had already entered a development agreement with the developers under the SRA scheme but the MMRCL on November 7, 2017, slapped a notice and asked them to submit all documents regarding their premises. The petitioners asked for alternate accommodation in Chakala, Andheri or any nearby area but MMRCL did not reply. The petitioners were given alternate accommodation in places like Kanjurmarg, Bhandup and Bhiwandi but they said that as operators of small shops, they were heavily reliant on the goodwill of the locals and that relocation would completely destroy their business, which was their only means of livelihood.

In a separate case earlier, on March 22, the high court asked the MMRDA to give interim relief to the residents of Adarsh Nagar housing society in Andheri, staying the land acquisition process for Metro 2A (Dahisar to D.N. Nagar). The residents moved court against the MMRDA recently. The matter will be heard again next week. The MMRDA requires a portion (1,400 sq.m. out of 3,800 sq.m.) of the society land as the Metro will take a turn towards Jogeshwari from there.

The Adarsh Nagar society is in the process of redevelopment and the residents want the MMRDA to help with the hardship costs which will be incurred while developing the remaining piece of land. They have also demanded that the authority procure the BMC’s nod in principle and only then will they vacate the space.