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Maharashtra

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

Murderous attack or lone wolf attack on two security guards in Mira Road, Nayanagar, Kirit Somaiya accuses Nayanagar Jihad

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After the murderous attack on a security guard at 4 am in the limits of Mira Road Nayanagar police station in Mumbai, now an attempt has been made to give the attack the form of jihad. The police have started an investigation after arresting Zeb Zubair Ansari, 31, in this case. When the accused was taken into custody, a sensational conclusion was reached and the police have now started investigating his connection with extremist organizations. Since this matter is very serious, the case of attempt to murder has been handed over to the Maharashtra Anti-Terrorism Squad (ATS). In this case, the ATS will also investigate the terrorist connection. The fanatical youth first attacked one guard and then seriously injured the other in the attack, which has spread sensation and tension in Mira Road. After this matter, BJP leader Kirit Somaiya has now called it Nayanagar Jihad and said that a Muslim youth attacked two Hindus just because they refused to recite the Kalima. On April 27, at around 4.00 am, an unidentified youth of 30 years old, entered the Grand Mason Building. He inquired about the mosque from the on-duty watchman, Mr. Subroto Sen (age 31), who was a Hindu, and then attacked him with a knife. The victim tried to flee from the spot. The accused chased him and targeted another watchman, Rajkumar Mishra, who, upon realizing that Rajkumar Mishra was in Sen’s cabin, brutally attacked him. He attacked him with a knife on the left side of the abdomen. After the incident, the victim, Subroto Sen, was brought to the police station after first aid and an FIR has been registered. Apart from this, Rajkumar Mishra was admitted to Wockhardt Hospital and underwent surgery.

Senior Police Inspector of Naya Nagar and his team immediately reached the spot, traced the CCTV footage and reached the house of the accused. The accused, Zeb Zubair Ansari, aged 31, was found in Flat A-304, Asmita Regency, Naya Nagar. The location of the accident is 200 meters away. He has been taken into custody and is being questioned. Initial investigation has revealed that the accused, Zeb Ansari, is a single resident of the flat. His parents are in the US. He lived in the US with his parents from 2000 to 2020. He has completed his graduation from the US. He was returned to India due to the expiry of his work permit. He was living in Vashi, Kurla for a few months and settled in Naya Nagar in 2022. He was born in Kurla. His father is a driver in the US. He had brought his family with him in 2020. There are 3 copies of the Quran in his flat. A note was found near the laptop on the table. It mentions ‘lone wolf’ attacks and Islamic State. 2 phones were also found there. Initially, this appears to be a ‘lone wolf’ attack by a radical youth. Further investigations are underway into the links and involvement of ISIS and similar organisations. His flat is being secured and all evidence, including digital forensics, has been properly collected. Along with this, tight security has been deployed at the building to maintain law and order and the police have also been instructed to be vigilant to maintain law and order.

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Maharashtra

Big Win For India! Dawood Ibrahim’s Close Aide Salim Dola Deported To Delhi After Istanbul Arrest; Mumbai Police Likely To Get Custody

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New Delhi: In a major breakthrough for Indian law enforcement and intelligence agencies, alleged drug kingpin Salim Dola, a senior operative linked to the notorious underworld network of D-Company, was deported to India on Tuesday following a coordinated international operation.

Dola, a close associate of fugitive don Dawood Ibrahim, was brought to Delhi’s technical airport aboard a special aircraft in the early hours of the morning. Upon arrival, he was immediately taken into custody by central intelligence officials for intensive interrogation.

The deportation comes days after Dola was held in Istanbul, where he had reportedly been operating under a false identity using forged documents to evade law enforcement agencies. His arrest was the result of a joint operation carried out by Turkey’s National Intelligence Organisation (MIT) in collaboration with local police, targeting a transnational synthetic drug trafficking network allegedly linked to the Indian underworld.

According to reports quoting intelligence sources, Dola played a crucial role in managing overseas narcotics operations for D-Company, coordinating the supply and distribution of illegal drugs across multiple countries. His capture and deportation are being viewed as a major setback to the syndicate’s global drug network.

Officials revealed that Dola had been on the radar of multiple international agencies, including Interpol, and was wanted in connection with several drug trafficking cases. His ability to move across borders undetected had made him a key figure in sustaining the underworld’s international operations.

Following preliminary questioning by central agencies in Delhi, Dola is expected to be handed over either to the Mumbai Police or the Narcotics Control Bureau for further investigation and legal proceedings, accoriding to the report. Authorities are likely to probe his links, financial networks, and operational routes used for smuggling narcotics into India.

The high-profile deportation marks a critical step in India’s sustained crackdown on organised crime networks operating from abroad. Dola’s interrogation could provide valuable intelligence on the structure and functioning of D-Company’s global drug syndicate, potentially leading to further arrests and disruptions.

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Crime

Mumbai Mayor Ritu Tawade Stages Protest At Ghatkopar Police Station Over Action Taken Against Victims’ Families In Alleged Sexual Assault Case Of 2 Minor Girls

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Mumbai: Mayor Ritu Tawade, along with BJP leader Kirit Somaiya, staged a protest at Ghatkopar police station over an alleged sexual assault case involving two minor girls and the subsequent action taken by police on the victims’ families.

The case pertains to a violent confrontation that broke out in the Nityanand Nagar area of Ghatkopar West after an enraged mob attempted to lynch a 38-year-old man accused of sexually assaulting two minor girls. The incident escalated into an assault on law enforcement, resulting in serious injuries to a police constable and a Maharashtra Security Force (MSF) personnel.

Coming back to the protest held by the BJP leader, he told news agency media, “Firoz Iqbal attempted to molest four girls, two of whom were aged five and six years old.” The BJP leader alleged that despite a complaint filed by the victims’ families, the police ‘did not want to arrest Iqbal’, adding that the authorities only took action after the families insisted, but in a shocking turn of events, the police also arrested the families of the victims.

Somaiya further stated that “we will sit here until these families get justice and the police who helped Firoz should be suspended.”

Mumbai Mayor Ritu Tawade also backed the protest and challenged the police narrative that the families had attacked officers during the initial arrest of the suspect. Tawade claimed to have seen video evidence that contradicts the police’s version of events and said, “Whereas I had seen the video, no attack took place”.

She added that the police are saying that they were attacked, but when I saw the video, there was no attack on the police, the families were attacking the accused, claiming that “it’s natural that the family’s blood would boil over the heinous act he committed, so there will be a reaction to the action.”

Expressing shock, Tawde further added, “At a time when the family is going through this, instead of consoling them, the police are putting the family in jail… The family is still inside.”

According to the statement by the police, when a team from Ghatkopar police station went to arrest the accused, a crowd of around 40–50 people allegedly obstructed the officers and physically assaulted them in an attempt to reach Shaikh.

In the scuffle, a police constable was injured after being hit on the head, and another personnel suffered a fractured arm after being assaulted.

Following the incident, police registered two separate cases. The accused has been booked under the POCSO Act, while another case has been filed for the attack on the police. Five people have been arrested so far, and around 30–40 unidentified individuals are under investigation.

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