Residents of Woodland Society in Malad hope that the court will finally take a decision in their favour in tomorrow’s hearing against the encroachment
The residents of Woodland Society in Malad (W) have been praying for justice against the alleged encroachment by a 72-year-old shop owner on their premises for almost a year now.
72-year-old Arvind Sanghvi extended a portion of his shop (extreme right) after demolishing a wall of the building. mid-day had reported on the issue in August 2013. File pic
After neither the defendant nor the BMC’s lawyer turned up at the last hearing, which that took place on June 19 in the civil court of Goregaon, they are hoping that justice will finally be served to them during the next hearing, which is slated for Thursday.
“Had the BMC lawyer turned up during the last hearing, our case would have become stronger. I spoke to the officials and they have assured me that their lawyer will be present for the next hearing.
After mid-day had reported the issue, the civic body had immediately issued a notice to the shop owner, Arvind Sanghvi. We hope to get justice soon,” said Manisha Parab, treasurer of the society in Malad (West).
The civic body issued a letter under section 53 (1) of the Maharashta Regional Town Planning (MRTP) Act to Sanghvi, who has allegedly extended a portion of his shop after demolishing a wall of the building, leading to the formation of cracks in the flats located above the shop and jeopardising the lives of 29 residents.
In the letter, (copy with mid-day) the BMC ordered Sanghvi to ‘restore the external side wall of the shop by removing existing rolling shutters and reconstructing a brick masonry wall in its place’. The civic body also imposed a penalty of Rs 1 lakh on the shop owner, which has not been paid till date.
Devendra Jain, Assistant Commissioner, P North Ward, said, “Our lawyer was not present on June 19 since it was a chamber summons for which members of the third party have to be present. Our lawyer will be present in court on August 7.”
The other side
Speaking to mid-day, Arvind Sanghvi said, “I don’t know why the residents of the building are targeting me. My shop is not illegal. I have the agreement papers. I will pay the penalty only after the final decision is taken by the court.”