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Maharashtra

Supreme Court dismisses PIL seeking direction to designate BMC as sole planning authority for Mumbai

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New Delhi, Dec 16: The Supreme Court on Monday refused to entertain a public interest litigation (PIL) seeking a direction to the Urban Development Department of Maharashtra government to designate BMC (Brihanmumbai Municipal Corporation) as the sole and centralised planning and sanctioning authority for the city of Mumbai.

A bench of Justices Surya Kant and Ujjal Bhuyan asked the petitioner, Earth, a non-government organisation, to approach the Bombay High Court.

Sensing the disclination of the apex court to entertain the plea, the petitioner’s counsel sought liberty to withdraw the PIL. Ultimately, the matter was dismissed as withdrawn by the apex court.

The PIL said that Section 40 of the Maharashtra Regional & Town Planning (MRTP) Act, 1966, which empowers the state government to appoint a Special Planning Authority (SPA) for notified areas, was enacted before the Constitution (74th Amendment) Act, effective June 1993.

“This amendment introduced Part IXA, titled ‘The Municipalities’ (Articles 243P to 243ZG along with Twelfth Schedule), establishing the framework for the constitution, composition, and responsibilities of Municipalities. However, Section 40 was not amended to explicitly define the roles, powers, and functions of a SPA concerning matters outlined in Schedule XII,” the plea added.

Despite this lack of clarity, the Urban Development Department proceeded to appoint multiple SPAs, which diluted the planning and sanctioning powers of BMC, contented the petition, adding that “this ambiguity has adversely affected BMC’s ability to address key issues in Schedule XII, including urban planning, land use regulation, building construction, road and bridge maintenance, and slum improvement”.

The PIL, filed through advocate Dilip Annasaheb Taur, said that the approach has hindered urban development and limited citizens’ access to amenities due to a lack of transparency and consistency in the approval processes of the SPAs, the transfer of public amenities, and the execution of the 18 responsibilities outlined in the Schedule XII.

“The insufficient transparency in transferring amenities to the BMC obstructs effective urban planning and negatively impacts residents, depriving them of essential services and facilities,” it said.

The BMC established under the Mumbai Municipal Corporation Act of 1888 (MMC Act), serves as both the governing civic body and the planning authority for Mumbai in accordance with the MRTP Act, 1966.

The petition said that the existence of multiple planning authorities (without a clear delineation of duties) has led to certain operational inefficiencies, and the planning and sanctioning process of the Slum Rehabilitation Authority (SRA) is laced with “major deficiencies”.

General

Thane Tragedy: Environmentalist-Lawyer Sarita Khanchandani Dies By Suicide In Ulhasnagar, Family Alleges Harassment By Shiv Sena (UBT) Leader

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Thane: In connection with the death of environmentalist-activist-lawyer Sarita Khanchandani, who allegedly died by suicide on Thursday after jumping from the seventh floor of Roma Building where she lived in Ulhasnagar, her husband Purshottam Khanchandani has leveled serious allegations against Shiv Sena (UBT) leader and his associate accusing them of harassing his wife and trying to implicate her in a fabricated case.

He claimed that the harassment drove her to suicide and demanded that the case be probed by a senior officer under judicial supervision.

Purshottam, along with other family members, addressed a press conference to present his side of the story. He said Sarita had been helping Jiya Goplani, a woman whose domestic case she was handling. After being ousted by her in-laws, Goplani had no shelter, and Sarita allowed her to live in one of her homes for six years, providing food and support.

Although the court awarded Goplani a monthly maintenance of Rs 15,000, Sarita eventually asked her to vacate the house. Goplani assured her that she was looking for a house in Badlapur and would leave within two months.

According to Purshottam, on Wednesday, Goplani called Sarita claiming she was unwell. When Sarita went to meet her around 11:45 p.m., she found nearly 20 people present. Purshottam alleged that this was a conspiracy to trap Sarita, and a video of the incident later surfaced on the social media.

Although the police were called to the spot, both Sarita and Goplani told officers they had no complaints, after which Sarita returned home.

However, Purshottam alleged that later the same night, Goplani, along with a politician and others, went to the police station and registered a case against Sarita. Shocked by the development, Sarita went to the police station on Thursday but later returned home and jumped to her death from the terrace.

He also accused the Vithalwadi police station of facilitating the conspiracy to falsely implicate her. He clarified that Goplani was not a tenant but was staying at their residence purely on humanitarian grounds.

Purshottam linked the incident to an earlier dispute, alleging that the Shiv Sena (UBT) leader and his associate had encroached upon a government toilet block. Sarita had filed a petition in the High Court against the encroachment, after which the Shiv Sena Shakha on the premises was shut down and the property handed back to the municipal corporation.

In response to Purshottam’s allegations, Jiya Gopalani refused all allegations and stated that she was his wife’s tenant and that Sarita forced her to work according to her instructions; otherwise, she would not fight her domestic case in court.

“On Wednesday, Sarita came to my home because I was not picking up her call. Sarita arrived at my home and assaulted me badly, after which I visited the police station and filed a case against her.”

DCP Sachin Gore of Ulhasnagar said “Based on Jiya Goplani’s complaint, we filed a case of trespass and assault against Sarita. In Sarita’s suicide matter, no note was found. So far, we have registered an Accidental Death Report (ADR) . We will record the statements of witnesses. Further investigation is underway, and if anyone’s role emerges, action will take accordingly.”

Sarita Khanchandani, a practicing lawyer, was known for her environmental activism and had played a significant role in getting DJs banned in Maharashtra.

She also ran the Heerali Foundation, an organization dedicated to cleaning up the Ulhas and Waldhuni rivers that flow through Ulhasnagar. She was a prominent figure in pollution activism in the city, petitioning police to act against violators and raising awareness of environmental issues affecting the rivers.

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Crime

Maloney arrested with 7.2 million worth of ganja and pistol, five others

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Mumbai Maloni Police has claimed to have arrested five accused including ganja worth Rs 72 lakhs and a country-made pistol and live cartridges. In Maloni, the police had arrested Ashiq Hussain Khan with 1 kg 60 grams of ganja. He said that he buys this drug from Nashik. After that, Santosh More of Nashik was arrested. After that, a total of four accused were arrested in this case and a case was registered against them under the NDPS Act. A car was searched in Maloni Madh in which a country-made pistol and ganja were recovered. This operation was carried out by DCP Sandeep Jadhav on the instructions of Mumbai Police Commissioner Devin Bharti. The police is investigating the matter further.

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Maharashtra

The application date for Mumbai students’ education scholarship should be extended till September 1: Abu Asim Azmi

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Maharashtra Samajwadi Party leader and MLA Abu Asim Azmi has written a letter to the state Chief Minister Devendra Fadnavis and the Minister of Minority Affairs demanding extension of the application date for scholarship 2025-26 for students pursuing higher education abroad through the Minority Department and Ministry of Minority Affairs. The last date is August 28, 2025. Azmi has demanded an extension till September 1. He said that there is a three-day holiday in Maharashtra in view of Ganpati festival and other festivals, so students will have difficulty in submitting applications. Therefore, keeping in mind the convenience of the students, the date for submission of applications should be extended till September 1 and the government should take a positive decision on this.

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