The BMC on Monday told the High Court that it was willing to take over a garden plot in Cuffe Parade which is allegedly being used as a private space by a housing society, and make it available to the public.
Senior Advocate Milind Sathe, appearing for the civic body, said it is willing to take over the garden if there has been a breach in conditions of the garden's caretaker policy.
A division bench of Chief Justice Manjula Chellur and Justice MS Sonak said, "The public has not been allowed to use the garden.
The developer or the society has posted security guards outside the garden allowing only society members to access it what more breach is required The developer can also be made to pay for the breach committed over several years."
The court has asked the court commissioner to visit the area and place on record various details about the garden and its use.
Following this, the court may on Friday pass an order directing the corporation to take over the garden and maintain it.
