NTC Mills case: SC orders expunction of Bombay HC remarks

New Delhi, Mar 9 (UNI) The Supreme Court has ordered the expunction of remarks by the Bombay high court that the Municipal Corporation of Greater Mumbai (MCGM) did not have even a single officer with the qualifications of town planning.

A bench comprising Mr. Justice S.B. Sinha and Mr. Justice P.P.

Naolekar vide their judgment dated March 7,2006 directed that such comments of the high court were probably unnecessary and therefore directed their expunction.

The high court had also observed that developers were not providing for public amenities. Senior Counsel K.K. Singhavi, however, submitted that 5 per cent of the land has to be left out for basic amenities if the size of the plot is 2 hectares and no provision for amenities was required if plot was smaller in size.

The case related to the sale of land of Textile mills in Mumbai owned by the National Textiles Corporation (NTC) and the validity of the sale of 600 acres of land has been upheld by the apex court. NTC has already announced the sale of 18 other such mills to colllect additional revenue of Rs. 5000 crores.

In respect of the high court noting that MCGM had not ensured that all mill owners should provide free housing of 225 sq. ft. to the occupants, the MCGM counsel submitted that the mill owners in none of the cases had come forward for development or redevelopment of residential built up area occupied by the chawls. This question of relocating the occupants would arise only when chawl areas are to be developed and till then occupants will remain in their present tenements. The apex court agreed with the contention of the MCGM.

Shopping malls and housing complexes are to be built in 285 acres of open land to be sold by NTC which had already closed down sick textile mills in Mumbai.

UNI AKS/XC RP BD1925