The Bombay High Court has asked the Brihanmumbai Municipal Corporation (BMC) to demolish any illegal encroachment by a NCP Corporator at the entry gate of a drain in suburban Vikhroli.
A Division Bench of Justices SM Kemkar and MS Karnik gave the direction while hearing a public interest litigation filed by social activist Nadeem Kapoor against Corporator Harun Khan for allegedly undertaking illegal construction activities.
The Bench on Saturday directed the civic body to file its reply to the PIL and posted the petition for hearing on August 19.
According to Mr. Kapoor, “encroachment” by the Corporator is obstructing desilting and cleaning work of the drain.
“However, it is made clear that before the next date of hearing, the Corporation shall take necessary steps for removal of unauthorised construction, if any, at the mouth of the access of the nalla (drain) and submit compliance report,” the Court said.
According to the petitioner, there is a drainage running through several areas in Vikhroli and it is the only source of passing of all waste waters, sewerage and rainwater.
In 2012, Mr. Khan illegally constructed a structure which has blocked the entry gate to a part of the drainage from where desilting work is done by the civic body.
“On account of the illegal encroachment adjacent to the said nalla, it has become impossible for the staff of the municipal corporation to clean and maintain the nalla in good condition. It has also become difficult for them to ensure the smooth flow of water in the said nalla,” the PIL claimed.
The petition has sought direction for demolition of the encroachment and initiation of legal action against Mr. Khan.