BMC Mumbai to call for Public Bids to develop Byculla Plot to Benefit Tenants
The Byculla plot is occupied by 11 dilapidated municipal tenanted buildings constructed after 1940 with 278 tenants of Bombay Municipal Corporation (BMC) as well as 162 slumdwellers. BMC has decided to call for public bids to benefit tenants as well as boost its coffers while developing its property at Saat Rasta, Byculla, the Bombay High Court was informed on Monday.
On June 23, 2010, HC directed BMC to take a decision in the matter. In August 2010, deputy municipal commissioner prepared Annexure II only in respect of the slum portions since documents furnished by the developer were not proper. A division bench of Justice Dhananjay Chandrachud and Justice A V Mohta was hearing a petition filed by Krish Builders who moved court seeking direction to BMC to give it a no-objection certificate (NOC) and Annexure II (a certified list of eligible tenants or slumdwellers) for developing a 10,525-square-meter property on Jyotiba Phule Road.
The developer once again moved court seeking direction to BMC to issue Annexure II in respect of both the components. An affidavit dated June 29, 2011, filed by Chandrashekhar Chore, assistant commissioner (estates), stated BMC has taken a decision in public interest not to permit development under the scheme proposed by Krish Builders, but to develop the property under Development Control Regulation 33 (9) by calling tenders.
The developer’s counsel S U Kamdar argued that since BMC had taken a decision earlier, it cannot reverse it and go for public tenders. BMC advocate Joaquim Reis countered that a developer can have no interest or right to develop a BMC property and in public interest, BMC is always entitled to call for public tenders. The judges dismissed the petition observing that since BMC has decided to issue public bids, the court cannot direct it to give Annexure II to the developer.
Annexure II, BMC, BMC Mumbai, BMC property, Bombay High Court, Bombay Municipal Corporation, Byculla plot, Developer, Development Control Regulation, Dilapidated municipal tenanted buildings, Jyotiba Phule Road, Mumbai, No Objection Certificate, NOC, Public bids to benefit tenants, Public tenders, Saat Rasta
