Petition rejected as action preceded hearing; HC directs petitioner to approach civic body

Chhatrapati Sambhajinagar:

The High Court refused to grant a stay on the eviction carried out by the Municipal Corporation at Baba Petrol Pump, stating that the action had already been taken before the hearing. A bench of Justice Manish Pitale and Justice Y.G. Khobragade disposed of the petition while directing the petitioner to file a fresh application with the Corporation within four weeks, if any part of their property was affected. The civic body must decide on it within four months. The petitioner, N.A. Printer, had objected to the early action, alleging that officials marked his property and stationed bulldozers without due process, causing fear of sudden demolition. However, the court was informed that the demolition drive on Thursday began with Baba Petrol Pump, the first in the list. The civic body had issued notices as early as June 6, 2007, to both the petitioner and Bharat Petroleum, citing the need to widen Baba Chowk the city’s first junction for vehicles arriving from Mumbai, Nashik, and Pune. The corporation had asked for the handover of the affected land and relocation of the fuel tank. Advocate Tope, representing the civic body, said the petitioner had prior knowledge of the eviction and assured the court that all safety protocols for tank relocation would be followed.