-NMC admits that there is no sanction to traffic park
Nagpur – In a marathon hearing held today on PIL filed by Civic Action Guild Foundation, the Hon, ble Bombay High Court comprising of Justice Sunil Shukre and Justice Anil Shukre directed NMC Commissioner not to proceed tender for appointment of operator to run traffic park at Dharampeth.
The petitioner challenged the tender dated 10th July 2020 through counsel Adv. Dr. Tushar Mandlekar and stated that tender is absolutely illegal, Arbitrary in nature and violate the fundamental rights of the residents of Dharampeth area. Under article 14, 19 & 21 of the constitution of India.
2.The petitioner has challenged the tender on various grounds. Primarily that the construction which is inside the park is illegal
3.No sanction to such construction which is required to be obtained under section 253, of the Maharashtra Municipal Corporation Act. There is no Building Completion Certificate or Occupancy Certificate under section 263 of the Maharashtra Municipal Corporation Act.
4.The land which is reserved as a garden in the sanction development plan under section 33 of the MRTP Act 1966, cannot be allowed to be operated for any other purpose than the sanction.
5.The Development plan which was sanctioned on 7th January 2000 says that the land in question is reserved for the garden.
NMC admits in court that it is reserved for the park.
It was argued that reservation of land in DP PLAN can not be changed unless due process of law if followed u/s 37 of MRTP ACT.
The said land can not be used for Amusement Park, Or for the commercial purpose
6.Petitioner pointed out, several news paper cuttings saying that there are illegal activities inside the park.
It is also argued that it is the duty of NMC to maintain public places, parks and gardens u/a 47 of Constitution of India read with section 66(10) of Maharashtra Municipal Corporation Act.
7.It was also argued that NMC had arbitrarily issued the tender in favor of the Operator and virtually sold out all rights and entire park is commercialized. The specific clauses of the tender were challenged.
a.2.4 states the food stalls and restaurants can be operated
b..20 permits operater to conduct social gatherings.
Although NMC came up with the new corrigendum issued yesterday saying that the social gatherings or cultural activities will be permitted only for children.
c.7.1for Nursery and sale of trees.
d.The operator is also permitted to run the various food stalls.
Entry fees can be charged.
So all these issues are argued by Senior Council Adv. Anil Mardikar assited by Dr. Tushar Mandlekar and the court came down heavily on the NMC.
The Council for the NMC Adv. Jenimi Kasat argued it is necessary for them to have some funds for maintenances of the Park.
The land in question is reserved for the Park not for the garden.
He said that the corrigendum is issued yesterday saying that the activities inside the park are for children under the age of 12. The entire park is a traffic park, an education park and operator should be permitted to conduct such activities.
He strongly tried to defend the tender clauses.
He also tried to tell the court that such operations were been conducted by the previous operator for 9 years and residents did not object.
All these arguments did not attract or impress the Honorable Court. Honorable Justice Shukare and Hon’able Justice Killor questioned the very intension of introduction of such a tender when the construction inside the park itself is illegal and there is no sanction to that.
The court said why the tender is being pushed hurriedly without such sanction and why the public money & time is wasted.
The court came down heavily on the NMC and finally directed the NMC not to proceed with the tender till judgment is delivered. The High Court has reserved the judgment.
Senior Counsel Adv. Anil Mardikar with Adv. Dr. Tushar Mandlekar argued for petioner. Adv. Jemini kasat argued for NMC.