A division bench of Justices R D Dhanuka and S M Modak directed them to file a representation to the BMC within two weeks.
“Once the representation is filed, the BMC shall hear and take a decision six weeks thereafter. Once a decision is taken, no coercive action shall be taken against the petitioners for three weeks,” the court said.
The court further said that if required, a personal hearing can also be given to the Bachchans’ lawyers.
The petition sought for the BMC notices to be quashed and an injunction restraining the civic body from taking any action towards acquisition of the land.
The Bachchans were issued two notices on April 20, 2017, stating that certain portions of the plots near their residential property lay within the regular line of the street and that the BMC intended to take possession of such land along with the wall and structures thereon.
The Bachchans deputed their representatives to attend the BMC office and inquire about the notices and discuss the matter with civic officials.
They pointed out to the BMC officials that it will be easier for the civic body to widen the street on the opposite side of the location of the plots.
The plea stated that for a period of four years and nine months, till January 28, 2022, no action was taken by the BMC to implement the notices. In the meantime, the petitioners assumed that the notices issued were dropped and hence no formal objection was communicated.
On January 28, 2022, certain BMC officers informed the petitioners verbally that they proposed to implement the impugned notices and will shortly be taking possession of a portion of the plots as set out in the notices, it said.
The petition stated that the impugned notices do not take into account the building structures existing on the plots, which cannot be demolished as per the MMC Act.
The BMC has not issued any notices to other holders of plots on the same side of the road and no action was taken by them for widening the stretch of road showing disparity in action, the petition claimed.
