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.

Mumbai, Feb 13: Diamond-studded gold ornaments worth Rs 57.24 lakh were allegedly misappropriated from a jewellery shop in Malad East, prompting the Dindoshi Police to register an FIR against a 42-year-old jeweller for cheating and criminal breach of trust.

Business dealings and trust

Complainant Jitendra Chhajed, 44, who runs Padmaprabhu Diamonds, told police he regularly supplies jewellery to traders on credit. Vijaykumar Bafna, who operates Vinod Jewellers in the same area, had earlier conducted transactions honestly, gaining Chhajed’s confidence.

Ornaments taken on pretext

On April 27, 2024, Bafna allegedly took several diamond-studded ornaments, claiming he needed to show them to a customer. After signing a receipt, he left with five necklace-earring sets, four necklaces and six bangles weighing 376.290 grams of 18-carat jewellery.

FIR registered

Police said Bafna neither returned the ornaments nor paid the amount, offering repeated excuses. A case was registered on February 12 under relevant Bharatiya Nyaya Sanhita provisions.

Mumbai: The sudden decision to shut down City International School in Jogeshwari West has triggered anxiety among parents of more than 600 students, even as the Maharashtra Navnirman Sena (MNS) intervened and warned the management against closing the institution.

The English-medium school, located in the Oshiwara area, has been operating for nearly 25 years. However, the management recently issued a notice to parents stating that the school would be closed, reportedly due to a steep hike in rent demanded by the landlord.

The landlord has sought a payment of ₹50 lakh for the premises, where the school was earlier paying a monthly rent of around ₹35 lakh reported Media. Citing its inability to bear the increased financial burden, the school administration decided to shut operations.

The announcement has caused confusion and fear among parents, as the admission process for the upcoming academic year is already underway. Many families are now worried about their children’s future, as they may have to seek new schools at short notice.

Following complaints from parents, MNS Versova Assembly Division president Sandesh Desai visited the school premises and held discussions with the management. Desai warned that the party would not allow the school to shut down abruptly, especially if it results in academic loss for the students.

Desai stated that the party would launch a strong agitation if the management proceeds with the closure at the cost of the students. A delegation from the MNS met the school authorities on Friday to discuss the issue and seek clarity on the decision.

Meanwhile, parents have demanded immediate intervention from the education department. They have urged authorities to take cognisance of the situation and ensure that the students do not suffer due to the dispute between the landlord and the school management.

With the academic year approaching, parents are hoping for a quick resolution, while political intervention has added pressure on the management to reconsider its decision or provide a proper transition plan for the affected students.