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Mumbai: Civic activist Edwin Britto has filed a writ
petition in Bombay High Court versus the Assistant Municipal
Commissioner, Anil Khoje, of the H ward in Bandra (West),
viewing him guilty of breach of the Development Control
Regulations (DC).
Britto has alleged in his petition that the local
ward office at Hill Road has infringed upon the requisite
open space in its premises. For safety concerns, as
stated by the DC rules, a lowest possible 20 feet of
room has to be compulsorily reserved open around public
buildings on all sides.
Britto has alleged that the flouting of the rule is
not restricted to the ward office alone, but has been
permitted all over Bandra (West). In the last five years,
several eating-places have been set up on the obligatory
open space, thus defying the DC rules. Britto also states
that currently, the under-construction 2000 sq-mt structure
between the Union Bank and Mandar Nursing home at Turner
Road in Bandra is also in violation of the DC rule.
"Local ward officers are simply acting ignorant,"
says Britto.
Restaurants like Zaika, Motimahal, Tawa and Stomach
have also supposedly encroached on compulsory open spaces.
"Once the building is erected, the BMC issues them
a show cause notice," says Britto. "But it
takes other party only a stay from the court to defer
any legal action," he adds.
Deputy Municipal Commissioner, Vijay Kalam Patil has
thrown the ball in the court of the local ward office
to serve a notice to these unauthorized structures.
The demolition can be initiated as per Section 354 of
BMC Act, though it is rather difficult to take any action,
after the structure is complete. Khoje was unavailable
for comment.
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