Mumbai Civic body needs to follow due process of law to take over park: High Court

By Accommodation Times Bureau

MUMBAI

The Civic body of Mumbai cannot take possession of Priyadarshini Park in south Mumbai which is spread over 20-acre, without following the due process of law, Bombay High Court said.

Priyadarshini Park is been maintained by Malabar Hill Citizens’ Forum since 1985.

The Brihanmumbai Municipal Corporation (BMC) last year in April had passed an order, looking to take possession of the 20-acre park and to expel the Malabar Hill Citizens’ Forum.

The order was passed in accordance with a recent policy, by which the civic body decided to take over all gardens and public parks, with including entrusted to private trusts for maintenance.

The order of the civic body of April 2017, Forum challenging it and had approached the high court.

Justice Riyaz Chagla and A S Oka heard the case and opined that the impugned order was passed without following due process of law.

The court said, “The petitioner cannot be evicted in such a manner. The corporation will have to follow due process of law before passing such orders”.

 





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