In a recent development, the Bombay High Court intervened in a dispute between the Brihanmumbai Municipal Corporation (BMC) and private landowners in Mogra, Oshiwara. The issue revolves around the construction of the city's seventh stormwater pumping station. This station aims to alleviate flooding in areas like Oshiwara, Andheri, Versova, and Jogeshwari during the monsoon season.
This issue traces back to the 2005 flood, when BMC started planning a stormwater pumping station with a capacity of 42,000 litres per second. The estimated cost at that time was around INR 400 crore.
Initially, the BMC identified a specific parcel of land owned by Samartha Development Corporation and two other parties. That land comprised approximately 158 acres of "No Development Zone" in Mogra, Oshiwara. The civic body had initiated the process to acquire this land but unexpectedly abandoned it later. Then, the project was shifted to Mogra Nullah.
This move led to the landowners filing a petition in the High Court, seeking an injunction against the BMC, civic officers, and contractors. They sought compensation for the use of their land for the pumping station's construction.
The BMC countered by disputing the landowners' title and maintaining that the land under Mogra nullah was available for their use without any need for property seizure or compensation.
In a significant ruling, Justice Manish Pitale rejected the BMC's argument. He said that the BMC had indeed taken steps to acquire the land initially. Joint measurements were conducted, and compensation funds were deposited for the landowners.
Justice Pitale noted the landowners' lack of objection to the acquisition of the pumping station. He also criticised the BMC's abrupt change in plans, characterising it as a "high-handed approach."
The court granted an interim injunction in favour of the landowners. It also emphasised the potential irreparable loss they could face if the BMC proceeded with construction on their property without adequate compensation.
Justice Pitale referred to the BMC's abandonment of the acquisition process as a critical factor in his decision. Furthermore, the court highlighted the broader implications of the case. If the BMC's stance were to be accepted, it could jeopardise the entire construction of the Lokhandwala Complex in Oshiwara, spanning approximately 238 acres.
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