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Maharashtra

Bombay HC dismisses petitions challenging delimitation of BMC wards back to 227 from 236

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Mumbai: The Bombay High Court on Monday dismissed petitions filed by former corporators challenging the Maharashtra government’s ordinance reversing the previous Maharashtra Vikas Aghadi (MVA) government’s decision to go ahead with the delimitation of Brihanmumbai Municipal Corporation (BMC) wards.

The order was passed by a division bench of Justices SB Shukre and MW Chandwani while hearing petitions filed by two former councillors – Raju Pednekar and Sameer Desai.


“We find no substance in both the petitions. Both the petitions stand dismissed,” said the bench while dismissing the petitions.

In 2021, the MVA initiated the delimitation process and increased the number of electoral wards from 227 to 236. However, on August 8, the present government reduced the number of wards to 227. On September 8, the ordinance was replaced by the Act.

Pednekar, a former corporator belonging to Shiv Sena (Uddhav Balasaheb Thackeray), had approached the HC after the Supreme Court granted him the liberty to withdraw his plea and move the Bombay High Court regarding the issue.

He sought quashing the government’s decision stating that it was against the Constitution. Pending the hearing of his plea, he sought a stay on the decision. Further he prayed that the State Election Commission (SEC) conduct the BMC elections based on delimitation conducted earlier, as per the Supreme Court’s orders on May 4 and July 20.

His plea had contended that in February 2022, the HC had dismissed pleas against the delimitation initiated by the MVA government increasing the BMC wards to 236. It was after this, that the SEC published a final notification in the official gazette.

The government has contended that the plea has been filed with “ulterior motives”. An affidavit filed by Priyanka Chhapwale, Deputy Secretary of the Urban Development Department, contended that there was a miniscule increase in population from 2001 to 2021 census and hence wards were not increased for the elections which took place in 2012 and 2017.

The 2001 census showed Mumbai’s population as 1,19,78,450 which increased to 1,24,42,373 in 2011 which is an increase of only 3.87%. “It is a well settled principle of law that the right to contest an election does not have the status of fundamental rights. Instead the said right is a mere creature of a statute,” it said.

Stating that the law as it stood prior to Nov 30, 2021 (with 227 seats) was valid and constitutional, the government has sought that Pednekar’s plea be dismissed which has been filed with “malafide” intentions and due to “political influence”.

The State Election Commission’s (SEC) Deputy Commissioner Avinash Sanas had filed an affidavit stating that when the seats were increased by the government from 227 to 236, the SEC had to scrap the work already done by it with regard to the pre-election process and restart it. It said the previous MVA government then amended the Mumbai Municipal Corporation Act by which powers of the SEC for delimitation were withdrawn and the power was entrusted with the state.

Maharashtra

Father killed, three children injured after container hits family on Nashik-Mumbai Highway

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Nashik, Aug 29: A tragic road accident occurred near the eighth mile area on the Nashik-Mumbai highway when a speeding container truck hit four members of the same family who were walking along the road, police officials said on Saturday.

The accident left the father critically injured, while his three children also sustained injuries.

The injured were immediately taken to Nashik District Hospital in a free ambulance operated by the Jagadguru Narendra Maharaj Sansthan.

However, doctors declared the father dead after examination.

The deceased has been identified as Bhagirath Devaram Made, 45. His children — Mayur Bhagirath Made (16), Shyam Bhagirath Made (6), and Devyani Bhagirath Made (8) — were injured in the accident. The three children are currently undergoing treatment.

According to preliminary information shared by the police, Bhagirath Made was walking along the road with his three children when a speeding container truck struck them.

All four sustained injuries in the collision, the police said.

After receiving information about the accident, emergency assistance was provided and the injured were transported to Nashik District Hospital in a free ambulance, police added.

Despite all the efforts to take the injured to hospital timely, Bhagirath Made was declared dead by doctors, the police said.

Police reached the spot soon after the accident and took the container driver into custody.

Authorities are investigating the circumstances that led to the crash.

The investigators are also trying to determine whether negligence or any other factor was responsible for the accident.

According to officials, the accident has once again raised concerns about pedestrian safety on the busy Nashik-Mumbai Highway.

Officials said that heavy traffic moves throughout the day on the highway where pedestrians are always at the risk.

Motorists have been urged to control their speed and drive carefully, particularly in areas where pedestrians are present, the police officials said.

Meanwhile, people who were there insist that patrolling needs to be increased.

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Maharashtra

134 footpaths across Mumbai cleared of encroachments, total stretch of 197 km cleared: Commissioner Ashwini Bhide

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Mumbai: As part of the ‘Pedestrian First’ campaign launched by the Mumbai Municipal Corporation (BMC), various departments are carrying out a drive to remove encroachments to ensure safe, convenient and obstacle-free routes for pedestrians. In the first phase of this campaign, 134 out of 200 marked footpaths have been cleared of encroachments, effectively freeing a total area of ​​197 km. Moreover, action was taken against 94 unauthorised stalls on footpaths near Bhandup Railway Station (West) in the last two days. Under the guidance of Municipal Commissioner Ashwini Bhide, as per the directions of the High Court, the BMC is implementing the ‘Pedestrian First’ campaign to immediately remove unauthorised hawkers and encroachments from footpaths across Mumbai. Commissioner Bhide has directed the Additional Municipal Commissioners, Deputy Commissioners and Assistant Commissioners to ensure strict implementation of this campaign. She is also personally reviewing the progress made in each administrative ward and the actions taken by various departments within these wards. The municipal administration has appealed to the business community and citizens of Mumbai to cooperate in this campaign. The ‘Pedestrian First’ (Padachari Pratham) campaign has been launched in Mumbai to make footpaths accessible to pedestrians. Accordingly, emphasis has been placed on removing obstructions from footpaths in areas with heavy pedestrian traffic such as the areas around Bhandup railway station. In the first phase, encroachments are being removed from 14 footpaths in Bhandup area. The work of removing encroachments from about 11 of these footpaths has already started. The operation was conducted under the guidance of Additional Municipal Commissioner (Eastern Suburbs) Dr. Avinash Dhakane, Deputy Commissioner (Zone 6) Mr. Santosh Kumar Dhonde and Assistant Commissioner (S-Ward) Samrin Syed.

The operation has cleared the way for pedestrians to and from Bhandup Railway Station. This will help in reducing traffic and pedestrian congestion during peak hours. Moreover, citizens will now have access to an obstacle-free footpath leading from Bhandup Railway Station area towards Lal Bahadur Shastri Marg. The operation involved 5 JCBs, 10 dumpers, over 50 officers and staff members, 100 labourers, and over 70 police personnel. Along with the ‘Pedestrian First’ campaign, ‘S’ ward is also making special efforts to eliminate ‘garbage vulnerable spots’ (GVPs) which are prone to accumulation of large quantities of garbage.

Appeal to business owners and citizens
The Mumbai Municipal Corporation (BMC) administration appeals to citizens to remember that footpaths are designed for the safe and easy movement of pedestrians. Do not create obstructions by placing unauthorized shops, stalls, structures or any other material on the footpaths. The corporation is continuously taking action to keep the footpaths clean under the ‘Pedestrian First’ campaign, and strict action will be taken against violators as per the rules. The campaign was carried out at 1,459 locations in the municipal corporation areas. In the first phase of this campaign, encroachments will be removed from 200 footpaths. Out of these, work has been completed on 134. Nearly 197 km of footpaths have been cleared of obstructions, with enforcement actions being carried out at 1,459 locations. The campaign is being carried out in all 26 administrative wards of the Municipal Corporation.

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Maharashtra

After the Mumbai Lalbagh Parel violence, now tension in VP Road due to desecration of Islamic flag, peace established, one detained

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After the mischief and violence of the miscreants returning from the Eid Milad-un-Nabi (peace be upon him) procession in Mumbai’s Lalbagh Parel, tension spread after the religious flag and flag were desecrated in the VP Road Arab Gali area, but the police have taken the person who insulted the flag into custody and started questioning him. Now the situation is peaceful, but the tension persists. The public should exercise patience and restraint and not pay attention to the rumors. Police arrangements have been increased. An incident of alleged desecration of a religious and Islamic flag belonging to a specific sect has come to light in the VP Road area of ​​South Mumbai.

After the incident, the police have deployed heavy contingents in the area.
The police have registered a case under Section 299 of the BNS and have arrested a person on charges of desecration of the flag.

The police are questioning the person to find out what is the motive behind this act.
Heavy police deployment has been made to ensure law and order in the area. The situation is currently normal and peaceful and senior police officers are present at the scene. DCP Ragsodha said that after insulting and allegedly desecrating the religious flag, the police have taken one person into custody and a case has been registered and an investigation has begun. Currently, peace is restored, but tension persists. The police have issued an alert and arrangements have been increased.

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