Mumbai: Bombay high court has directed three housing societies in Andheri (east) to forthwith remove three structures obstructing the opening of a development plan road connecting Sahar Road and Sai Mandir Road.Justice Milind Jadhav on Monday said the DP Road is bound to “ameliorate and redress congestion and legitimate grievances” of residents of nearby areas who will benefit not only in terms of proximity of distance but also “of time to reach their destinations and more specifically, the civic amenities, railway station and the bus stops.”He quashed and set aside Dindoshi civil court’s July 31 order that injuncted BMC from taking action against the structures till completion of a 13.40 m wide road as per DP and HC’s Oct 2023 order. He directed Kalpita Enclave CHS and two societies to remove the main entrance gate, security cabin and tin sheets fence within one week. Alternately, BMC will remove them with police assistance.The DP road passes through the societies’ layout. In 1984 the erstwhile developer surrendered it to BMC. At the rear side was a slum. The developer of the slum scheme constructed the balance road. In Aug 2023 after BMC issued notice to take over possession, the societies filed a suit. In Oct 2023 HC allowed them to retain structures till construction of an adjacent road.Justice Jadhav agreed with BMC’s advocate Drupad Patil that in HC’s order there was no specific direction to construct the 13.40 m wide road. He did not accept societies’ advocate Rohan Savant’s submission that until it is done, they cannot be forced to hand over possession.He noted the road vested with BMC but the societies “illegally enclosed the said area for their personal use.” They filed multiple proceedings “and are now contending that even if it is a DP road” they will remove the obstacles if the entire stretch from east to west is 13.40 m wide.Justice Jadhav said BMC shall endeavour to ensure the width of 13.40 m is fully constructed. Today the fully developed 10.4 m road “can be thrown open for the public.” He refused to stay the order. He imposed Rs 25,000 cost each to be paid to two HC libraries.
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