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Bombay HC Upholds BMC’s Preferential Right Over Its Land, Backs Cancellation Of Malad Slum Redevelopment Project

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Mumbai, Feb 13: The Brihanmumbai Municipal Corporation (BMC) has a preferential right to develop its own land, the Bombay High Court held while dismissing a petition challenging the civic body’s decision to cancel a slum rehabilitation project in Malad East after finding non-compliance by the developer.

A bench of Justices Girish Kulkarni and Aarti Sathe, on Wednesday, dismissed a petition filed by Om Vishwashanti CHS (proposed) and developer Okhawala Shelter, Builders & Developers challenging a January 10, 2024 order cancelling a no-objection certificate (NOC) earlier granted for the project. The bench held that the cancellation was lawful and based on clear non-compliance.

Project on BMC-owned reserved land

The redevelopment concerned BMC-owned land, portions of which are reserved for a municipal ward office, disaster management facilities and a municipal chowky. The developer was required to incorporate these amenities into its plan and obtain approvals from civic authorities.

An NOC was issued in December 2021, followed by a Letter of Intent (LOI) from the Slum Rehabilitation Authority (SRA) in November 2022. The BMC later issued a show cause notice alleging that the developer had failed to submit feasible plans or secure departmental clearances despite repeated opportunities. The NOC was subsequently cancelled in January 2024.

Second round of litigation

This is the second round of litigation after the Supreme Court directed the High Court to rehear the matter following an earlier dismissal on technical grounds.

BMC cites non-compliance, public interest

BMC counsels Joel Carlos and Pushpa Yadav argued that as landowner, the corporation retains the authority to grant or revoke permissions when conditions are breached. The NOC and LOI, it said, explicitly required the developer to obtain approvals and provide workable plans for the reserved public facilities.

According to the civic body, the developer took virtually no effective steps for over a year after the LOI was issued, justifying cancellation in public interest.

The SRA, through advocate Jagdish Aradwad (Reddy), supported this position, noting its own decision to cancel the LOI after finding prolonged non-compliance.

Court upholds civic body’s preferential rights

Agreeing with the civic body, the bench said the cancellation order was well reasoned.

“The conduct of the Petitioners… smacks of non-compliant behavior” in meeting the NOC and LOI conditions, the court observed.

Emphasising ownership rights, the judges held: “It is the MCGM/BMC’s land… therefore the right of the owner… is a preferential right which needs to be of paramount importance, especially in a S.R. Scheme.” A developer’s rights, the court said, are purely contractual.

Petition dismissed

The court dismissed the petition and upheld the cancellation.

Crime

Thief arrested for stealing gas cylinders in Mumbai, major operation by Powai Police, 45 cylinders and three motorcycles recovered from Navi Mumbai and Mumbai

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Mumbai: Powai police have arrested a thief who stole cylinders to take advantage of the oil shortage and shortage of gas cylinders due to the Israel-Iran war. The thief had stolen several cylinders from Navi Mumbai and Mumbai. Mumbai Powai Police has arrested a gas cylinder thief who had stolen 45 cylinders from Navi Mumbai and Mumbai city. According to the details, a Suzuki Burgman was stolen from Powai area and the accused used to steal gas cylinders from several places in Navi Mumbai and Mumbai. During the Israel-Iran war, there was a gas cylinder crisis, due to which there was a fear of creating an artificial shortage of cylinders, so the police have arrested him.

The police received a secret information and laid a trap and arrested Chandrakant Kamble, 45, from Vartak Nagar police station and the stolen cylinders stolen from Mumbai and Navi Mumbai have been seized from his possession. In this work, an accused who helped the accused in hiding the stolen cylinders has been identified. When the accused was interrogated, 10 cases of theft were found registered against him. Powai Police has seized three motorcycles, 45 cylinders. This operation was carried out on the instructions of Mumbai Police Commissioner Devin Bharti, DCP Dutta Nalavode has done it.

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Crime

Mumbai: Gang that robbed Zaifa’s jewelry in Saki Naka exposed, 3 arrested, 13 new cases reported

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Mumbai’s Sakinaka Police have claimed to have busted a gang that targeted the elderly. In the limits of Sakinaka Police Station, a poor woman was fooled by the accused by saying that her Seth Malik was born here and he was distributing sarees to the poor, so she can also get a saree. For this, he removed the gold ornaments from the poor woman’s neck and then fled with it.

In this case, the complainant filed a complaint. The accused fled with her ornaments worth more than two lakh rupees. Sakinaka Police formed a team to find the accused and then accused number one Santosh Gangar Umm Chure, 55, was arrested from Kalyan. After that, he was interrogated and he named accused number two Balaji Rohidas Pawar, 25, who is a resident of Parbhani. During his interrogation, Laxman Rohidas Pawar, 22, came to light. The police arrested all three of them. Four people were arrested in Worli, Ghat Six in Kopar, three in MIDC, three in Kanjurmarg, one in Vakola, one in Dandu Shi, Malad, Govind, Bhandup, Kherwadi and Dadar. A total of 26 cases are registered against the accused. Accused number two Balaji Rohidas has a criminal record in Dadar, Ghatkopar Kamote. Accused number three Laxman Rohidas has a case registered in Dadar, Ghatkopar Byculla, MN Joshi Marg, Dandu Shi, Juhu, Srinagar Police Station, Sanpara, 2 Saki Naka in Dandu Shi.

After the arrest of these three accused, 13 cases have been revealed and the police have started further investigation in this case. The police have so far recovered gold ornaments worth more than Rs 15 lakh from the possession of the accused.

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Crime

Mumbai: Conspiracy to carry out terrorist attacks in the country… Mashid Ahmed arrested from Kalyan, Imran from Odisha was also in contact with suspected ISIS operatives

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Mumbai: In an NIA case from Kalyan area of ​​Mumbai, Delhi Special Cell and ATS have claimed to have arrested a suspected ISIS member and social media activist Mashid Ahmed from Kalyan. According to details, Mashid Ahmed had hatched a conspiracy against the country. The accused in NIA case No. 84/2026 BNS Section 61 was produced in Kalyan Court and has been sent to Delhi for investigation. Kalyan Judicial Magistrate 5th Court Kalyan, Special Cell Delhi and ATS team officers produced Mashid Ahmed alias Sonu alias Kalam Iftikhar Ahmed Sheikh, aged 32, resident of Room No. 13, Azmi Chawl, Near Amara Park, Khadoli West, Taluka Kalyan, District Thane. Investigating Officer Bhojraj Singh and Police Inspector Manoj Kumar of Special Cell Delhi team have identified a person named Kalam who is active on social media in Mumbai area and was in touch with his extremist (ISIS inspired) associates through secret messages.

His associate named Imran, a resident of Odisha, is also a member of the group and during investigation it was revealed that he visited Delhi in December and patrolled the Red Fort and other important places. Thus, since the social media group was about to carry out terrorist acts across the country, the NIA registered a case under Section 61 of the BNS under Case No. 84/2026. During the investigation Meanwhile, Mashid Ahmed alias Sonu alias Kalam Iftikhar Ahmed Sheikh, age 32, resident of Khadoli under the limits of Tatwala police station, Room No. 13, Azmi Chol, Amara Park, Khadoli West Taluka, Kalyan District, was arrested and produced before the court where the court has sent him on three days transit remand. Since the investigation of the said case is going on in Delhi, he was first produced in the Kalyan Court and a request for 05 days transit remand was made to produce him in the Delhi court but the court has granted him 03 days time.

Therefore, the said accused has been taken to Delhi for further investigation after registering the station diary at Tatwala police station of Thane Rural limits.

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