Bombay HC stops BMC from razing huts in Jawahar Nagar

Mumbai: The Bombay high court has restrained the Brihanmumbai Municipal Corporation (BMC) from demolishing 45 hutments at Jawahar Nagar in Khar (E) in compliance of another high court order to demolish all huts in the vicinity of 10 metres of the Tansa pipeline as the huts were at a distance of 18 metres. While the BMC said there was another pipeline going under the huts the court asked the civic corporation to provide details of the same till December 4 and maintain status quo till then.

A division bench of Justices Vasanti Naik and Riyaz Chagla was hearing a writ petition filed by 45 slum dwellers at Khar (E) seeking restraining orders from the high court against the BMC’s decision to demolish their homes that were along the Tansa pipeline. Advocate Pradeep Thorat who appeared for the petitioners had contended that as their homes were not within the stipulated distance of 10 metres, the demolition notice by the BMC was uncalled for and should be quashed.

While replying to the contentions of the petitioners, the BMC much to the amusement of the bench said that while the huts were not within the stipulated distance of the Tansa pipeline, there was another pipeline passing from under the said huts and hence the rule of 10 metres was applicable to them too.  

The bench directed the BMC to produce proof of the pipeline to substantiate their claims and kept the matter for hearing after a week. The bench also directed the BMC not to take any coercive action against the hutment dwellers and to maintain status quo.

The high court has been hearing numerous petitions pertaining to demolition notices and demolition of hutments lining the Tansa pipeline. Former Congress minister Naseem Khan has also filed a petition against the demolition of slums at Vakola.