Supreme Court calls Bandra eateries' razing legal

The Supreme Court (SC) on Monday, set aside an order by city High Court which had ordered the Brihanmumbai Municipal Corporation (BMC) to allot stalls/shops to five eateries, which were demolished by the corporation. The order was given on the grounds that they were built over a public sewer outside the Bandra Railway station and were obstructing smooth flow of traffic.

A division bench of Justice Abhay Manohar Sapre and Justice Dinesh Maheshwari agreed to hear the appeal filed by the civic body challenging the HC order passed last year. The HC order came after five small restaurant/stall owners and one pan shop owner had moved the HC following the demolition of their stalls by BMC.

The stall owners argued that they had obtained licenses from the health department to carry out their business. Thus the action of demolition by the civic body was illegal and not in conformity with law. The high court had accepted their contention and directed the civic body to allot stalls in the same locality or nearby. Further, if the new space is not allotted expeditiously the owners were allowed to construct them at the same spot where it was demolished. It also stated that the Commissioner had powers to demolish without giving notices.

The apex court held that by relying on section 314 of the BMC Act, which prohibits erection of any structure or fixture of any nature upon any street or public sewer, the civic body's decision to demolish the structures was justified since "no sanctioned map was filed by the respondents (stall owners) to prove that the structures were legal. The stalls/structures were causing obstruction to the public at large and were encroaching the street (Bandra Station Road), which is very narrow." It added that "Grant of health license has nothing to do with the erection of stall/structure and its removal."

The bench while holding the directions issued by the high court as not justified said: "In this case, neither there was any right (contractual or legal) in petitioners' favour and nor there is any provision in the act which casts an obligation to provide any alternative land to the respondents."

BMC FINDS VINDICATION IN APEX COURT ORDER

There is No provision which casts an obligation to provide any alternative land to respondents, says SC

• Five restaurants/stalls selling fast food were demolished by the BMC in 2016. These were located on the busy road near Bandra Station
   
• The order was given on the grounds that they were built over a public sewer outside the Bandra Railway station and were obstructing smooth flow of traffic
   
• Last year, HC held BMC action illegal and directed it to provide the stall owners new plot to construct their stalls. If the space is not allotted expeditiously in the same area, the owners will be allowed to reconstruct their shops at the same spot