Bombay High Court
Ramji Arjan Shah vs The State Of Maharashtra Through ... on 12 March, 2024
Author: G.S. Patel
Bench: G.S. Patel
914-OSWP-1038-2024.DOC
Sumedh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 1038 OF 2024
Ramji Harjan Shah ...Petitioner
Versus
The State of Maharashtra & Anr ...Respondents
Mr Anand Mishra, i/b AM Saraogi, for the Petitioner.
Mr Sagar Patil, for the Respondent-MCGM.
Ms Vrushali Kabre, AGP, for the Respondent-State.
CORAM G.S. Patel &
Kamal Khata, JJ.
DATED: 12th March 2024
PC:-
1. The Municipal Corporation of Greater Mumbai ("MCGM") has taken part of the land for road widening as a setback area. Simultaneously, adjacent to the setback area, it is widening the existing road to over 9 mtr. There are structures on that portion affected by that 9 mtr road widening. These are now to be moved to the setback area -- which was taken for road widening -- thus completely defeating the purpose of the setback area to begin with. No monetary compensation is offered for the setback. It is in lieu of Floor Space Index ("FSI") and development permissions. The setback is meant specifically for road widening. We do not see how a road can be widened if the MCGM, the road-widening authority, is Digitally signed by SUMEDH SUMEDH NAMDEO NAMDEO SONAWANE SONAWANE Date:
2024.03.13 15:46:25 Page 1 of 2 +0530 12th March 2024 ::: Uploaded on - 13/03/2024 ::: Downloaded on - 14/03/2024 05:39:45 ::: 914-OSWP-1038-2024.DOC itself going to put structures on the portions of land taken for road widening. Indeed, what the MCGM seems to be suggesting is that far from removing bottlenecks, it will create them. It will widen one portion of the road and then move the obstructions to another part of the road (that which is on the setback area).
2. We are having none of it. Rule.
3. There will be no construction, temporary or permanent, on the setback area at all pending further orders of the Court. Rule is returnable in the ordinary course.
4. It is open to the MCGM to take the necessary steps to remove the obstructions altogether, viz., from the portion of the road that is being widened to over 9 mtrs but without permitting them on the setback area. Liberty to the MCGM to apply.
5. Additional affidavit to be filed in the Registry.
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