Bombay HC asks Bachchans to file a representation to BMC over Juhu land acquisition
The court has asked Bachchans to file a representation to BMC in 2 weeks and asked BMC to consider the representation in 6 weeks.
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Mumbai, February 24: The Bombay High Court directed actors Amitabh and Jaya Bachchan to file representation to Brihanmumbai Municipal Corporation (BMC) against a notice issued to them for acquiring a portion of their bungalow Pratiksha, in Juhu.
The petition sought for the BMC notices to be quashed and an injunction restraining the civic body from taking any action towards acquisition of the land.
Bachchans deputed their representatives to attend the BMC office and inquire about the notices and discuss the matter with civic officials. They pointed out to BMC officials that it will be easier for the civic body to widen the street on the opposite side of the location of the plots.
The plea stated that for 4 years and 9 months, till January 28, 2022, no action was taken by BMC to implement the notices. Till then, the petitioners assumed that the notices issued were dropped and hence no objection was communicated.
The petition stated that the impugned notices do not take into account the building structures existing on the plots, which cannot be demolished as per the MMC Act.
The BMC has not issued any notices to other holders of plots on the same side of the road and no action was taken by them for widening the stretch of road showing disparity in action, the petition claimed.
The Bachchans had moved the High Court this week, challenging notices issued to them by the civic body. A division bench of Justices R D Dhanuka and S M Modak, directed them to file a representation to the BMC within 2 weeks.
Bombay HC has directed BMC not to take any coercive action on their notice to acquire a portion of Amitabh Bachchan's property in Juhu for a nearby road widening; has asked Bachchans to file a representation to BMC in 2 weeks & asked BMC to consider the representation in 6 weeks
— ANI (@ANI) February 24, 2022
The court said, "Once the representation is filed, the BMC shall hear and take a decision six weeks thereafter. Once a decision is taken, no coercive action shall be taken against the petitioners for three weeks."
The petition sought for the BMC notices to be quashed and an injunction restraining the civic body from taking any action towards acquisition of the land.
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The Bachchans were issued 2 notices on April 20, 2017, stating that certain portions of the plots near their residential property lay within the regular line of the street and that the BMC intended to take possession of such land along with the wall and structures thereon.
Bachchans deputed their representatives to attend the BMC office and inquire about the notices and discuss the matter with civic officials. They pointed out to BMC officials that it will be easier for the civic body to widen the street on the opposite side of the location of the plots.
The plea stated that for 4 years and 9 months, till January 28, 2022, no action was taken by BMC to implement the notices. Till then, the petitioners assumed that the notices issued were dropped and hence no objection was communicated.
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On January 28, 2022, BMC officers informed that they proposed to implement the impugned notices and will shortly be taking possession of a portion of the plots as set out in the notices, it said.
The petition stated that the impugned notices do not take into account the building structures existing on the plots, which cannot be demolished as per the MMC Act.
The BMC has not issued any notices to other holders of plots on the same side of the road and no action was taken by them for widening the stretch of road showing disparity in action, the petition claimed.