The High Court on Wednesday expressed displeasure at the role of the municipal administration, which turned a blind eye to the misuse of 12 parks of the Brihanmumbai Municipal Corporation (BMC) by the 'World Renewal Spiritual Trust' for 16 years. The court ordered that the municipal commissioner should explain the matter by asking why no action was taken against this private organisation for breach of contract. At the same time, the organisation was also issued a notice and ordered to clarify its role.
These parks were given to this private organisation for development and maintenance. However, commercial activities were being carried out in these parks by a private organisation. Moreover, the court noted that the municipal corporation had said in the inquiry report that permanent illegal constructions had also been built there. Also, how was the organisation allowed to run commercial activities like holding yoga in parks? Build permanent structures in parks? A rampant violation of the contract by the organisation starts in front of the eyes of the municipal administration. Still, why no action was taken against the organisation? Was the action proposed? A bench of Chief Justice Devendra Kumar Upadhyay and Justice Arif Doctor directed such questions to the municipal administration.
On this, the municipal corporation submitted an inquiry report to the court regarding the complaint of misuse of these parks by a private organisation. In it, the organisation admitted that the investigation had found breach of contract. Also, the possession of 11 out of 12 parks was taken back from the organisation, while the case regarding one park is going on in the civil court, senior lawyer Anil Sakhre informed the court on behalf of the municipal administration.
The municipal corporation also claimed that encroachment was found only in one park. However, as the affidavit submitted by the Municipal Corporation along with the report did not mention anything about the action taken against the institution, the court pointed out the same. Also, the organisation has paid electricity bills of over nine lakh rupees for a park. The water supply of some parks is also exhausted. In some parks, the organisation closed the entry to the general public. Moreover, property tax exemption was granted to the organisation for some time in respect of these 12 parks.
However, it was also pointed out that this tax collection in the subsequent period was not done by the municipal administration. Similarly, 11 parks were recovered, but why no action was taken against the organisation that misused them? This was reiterated by the court. On that, the court was told by the municipal corporation that electricity payment and tax collection will be done. However, the bench expressed displeasure over the role of the municipal corporation in this case. Also, the Municipal Commissioner himself ordered an affidavit explaining the matter and clarifying the action to be taken against the institution.
The role of the Municipal Corporation was also pointed out earlier
The municipal corporation had informed the court in 2018 that these 12 parks had been taken over. At that time, the need for an inquiry into the delay in revenue collection and repossession of the parks was highlighted. Also, the Municipal Corporation was ordered to take a decision in this regard. However, Gagalani filed a new public interest litigation claiming that the Municipal Corporation did not do anything regarding this order. Taking note of it, what happened to the court's inquiry? The Municipal Corporation was ordered to file a reply after asking this question.
The court ordered that the municipal commissioner should give an explanation by asking why action was not taken against the private organisation in the case of breach of contract. At the same time, the organisation was also issued a notice and ordered to clarify its role.
What is the case?
The BMC handed over these 12 gardens to the World Renewal Spiritual Trust for development and maintenance. From 1994 to 2002 these parks were leased to the Trust at an annual lease of INR 1 lakh per park. The trust is in illegal possession of the parks despite the expiry of the agreement. Apart from this, a petition has been filed by retired army officer Harig Gagalani alleging that the trust has constructed permanent structures on these parks which are being used for various illegal activities including fundraising.
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