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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.

Maharashtra

Students must stay away from drugs: Maha CM

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Navi Mumbai, Aug 23: Chief Minister Devendra Fadnavis on Saturday urged students to stay away from addiction and direct their energy toward education, sports, skill development and nation‑building.

He was speaking at the launch of Campus Connect, a special awareness campaign against drug abuse among college students, organised under the Navi Mumbai Police’s Nasha Mukt Navi Mumbai (Drug‑Free Navi Mumbai) initiative.

Speaking on the occasion, CM Fadnavis highlighted that given the lure of drugs and their severe social, physical and mental impacts, the Navi Mumbai Police’s direct outreach to students through this initiative is a vital step. He noted that college campuses mark a crucial phase in personal development, making early awareness and accurate information essential for this age group.

Referring to India’s “Demographic Dividend,” CM Fadnavis stated that the country’s 65 per cent youth population is its greatest strength. Hostile nations and anti‑social elements are attempting to neutralise this power by ensnaring youth in addiction. He emphasised that combating this threat requires a 360‑degree approach, dismantling the drug supply chain while simultaneously eliminating demand through widespread awareness.

The Chief Minister said every educational campus serves as a battleground and every student is a soldier in this anti‑drug campaign. He assured that students trapped in addiction would receive non‑discriminatory support through de‑addiction centres. Expressing confidence in the youth, he stated that their collective efforts will defeat drug abuse and fulfil the vision of a self‑reliant and developed India.

The police, municipal corporations, citizens and youth took a joint resolution to make Navi Mumbai completely drug‑free and safe. During the event, CM Fadnavis inaugurated a De‑addiction Rehabilitation Centre and released an awareness video. He also presented certificates to the top three winners of the poster and reel‑making competitions organised as part of the drive.

Meanwhile, CM Fadnavis inaugurated Navi Mumbai Police’s Prahari Integrated CCTV Command Centre, which aims to enhance the safety of Navi Mumbai residents and bolster crime control and advanced surveillance. The Navi Mumbai Police Commissionerate, Navi Mumbai Municipal Corporation (NMMC), and Panvel Municipal Corporation (PMC) developed it in collaboration.

Guided by the motto Always Watching, Always Protecting, the Prahari system will maintain 24/7 surveillance across the city. The command centre will serve as a crucial asset for Navi Mumbai Police in traffic management, maintaining law and order, and handling emergencies, the government said.

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Maharashtra

Two dead as Ganpati idol falls during procession in Mumbai

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Mumbai, Aug 23: In a tragic incident ahead of the ‘Ganesh Chaturthi’ festival celebrations, two people were crushed to death, and five others, including two children, suffered injuries after a 22-foot idol of Lord Ganesh fell on them during the arrival ceremony of the ‘Bhuleshwaracha Raja’ in south Mumbai.

The incident took place between 10:00 and 10:30 p.m Saturday, following which a fire brigade team, officials of the Brihanmumbai Municipal Corporation (BMC), and the Mumbai Police arrived at the scene.

According to preliminary information reported by NDTV, the idol fell due to some loose nuts and bolts in its frame.

Officials said that the victims were rushed to nearby hospitals for treatment, where doctors declared two of them dead.

The two deceased have been identified as Sanket Nevshe and Brijesh Hemant Joshi.

The rest of the five injured people have been identified as Vaibhav Ghenand (38), Pawan Chaurasia (25) Lavanya Ganer (5), Divya Ganer (7), and Kunal Kashid (26), who are undergoing treatment in two different hospitals.

Describing the incident, an elderly eyewitness said: “First, the hand of the idol broke, my grandson was sitting near its leg but he moved aside in time. It is being said that the idol weighed around 3000 kg.”

“(Brijesh) Joshi, who lived in our building, was crushed under the idol. My son and others brought him out with great difficulty and took him to the hospital where he was declared dead,” he added.

The senior citizen attributed the reason for the tragedy to damaged roads in the area.

Rakesh Chauhan, another local, said that people had gathered in the area for the arrival of Lord Ganesh and everyone was dancing with joy when the tragedy took place.

“We didn’t realise what suddenly happened,” he said.

‘Ganeshotsav’ is one of the biggest and most widely celebrated festivals in Mumbai and other parts of Maharashtra.

The 11-day Ganeshotsava celebration is slated to begin on September 14 this year. During the festivities, beautifully crafted idols of Lord Ganesha are installed in homes and public pandals decorated with flowers, lights, and modaks.

During the celebrations, devotees also perform an arrival ceremony of the deity to worship him. Mumbai’s tallest Ganesh idol is the ‘Mumbaicha Raja’, standing at approximately 45 to 47 feet.

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Maharashtra

Maharashtra FDA chief IAS Tukaram Mundhe takes another major action, targeting five club-restaurants, including McDonald’s.

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Mumbai: The Maharashtra Food and Drug Administration (FDA) suspended the food licences of prominent South Mumbai establishments, including The Bombay Presidency Radio Club, the Colaba outlet of McDonald’s and the Status Restaurant in Nariman Point, following surprise inspections in August.

The FDA has suspended the food licence of The Bombay Presidency Radio Club due to severe violations of safety and hygiene regulations. During the inspection of the club’s kitchen on Wednesday, officials found a massive breach of food safety and sanitation standards.

The inspection uncovered active fly infestations in various kitchen areas, a dead cockroach, and open cockroach traps in the utensil-washing zone.

Authorities found flaking ceiling plaster directly over food preparation areas, posing a risk of falling into food, as well as washing powders and chemicals stored right alongside food items.

Utensils and food products were discovered to be kept directly on the floor, non-vegetarian refrigerators were unhygienic, and food items were not being thawed properly.

Staff members’ sweaty helmets and clothing were found stored alongside food, kitchen doors were improperly sealed, waste bins were placed next to cooking stoves, and signs of spitting were noticed on the premises.

The inspection revealed an overall non-compliance rate of 47 per cent by the establishment.

Citing public health and safety, the FDA suspended the licence under Section 32(3) of the Food Safety and Standards (FSS) Act, 2006.

The club has been ordered to immediately halt all food purchases, sales, and distribution during the suspension period, with a warning of stern legal action for any violations.

Authorities found widespread disregard for basic protocols, such as staff handling food without washing hands, uncalibrated refrigeration units, and a complete lack of temperature monitoring logs.

The McDonald’s kiosk in Colaba was penalised for failing 18 out of 20 safety points, submitting falsified 148-page compliance reports, and deceptively using cheese analogues without menu declarations.

Operating licences have been suspended with immediate effect under the FSS Act, 2006, barring all food manufacturing, sales, and distribution until full compliance is legally verified.

Following the raids, McDonald’s said they have zero-tolerance towards food safety hazards and are reviewing the FDA report.

“At McDonald’s, we take pride in maintaining high food safety standards across our restaurants and have a zero-tolerance approach to food safety issues. We respect the regulatory process and are reviewing the observations referenced in the report,” McDonald’s said in a statement.

“McDonald’s follows rigorous food quality, safety and hygiene standards, in line with regulatory requirements, including the use of real cheese and real paneer in our food. We believe it is important that our practices are accurately understood and represented. Our focus remains on delivering the quality and experience expected from us every day. Customers have always been welcome to take a kitchen tour and learn more about our food preparation practices,” the statement further read.

Along with the prominent South Mumbai establishments, the FDA has suspended the food registration certificate of the Khar Gymkhana due to severe hygiene lapses and critical food safety violations.

Inspections exposed a high risk of cross-contamination from unsegregated raw, cooked, vegetarian, and non-vegetarian foods. Hazardous storage of chemicals and a complete lack of pest control traps was also found. 

The establishment has been ordered to immediately halt all food production, storage, purchase, sale, and distribution activities during the suspension period.

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