HC dismisses Garodia's petition, charges Rs 50,000 cost

Mumbai, Dec 6 (UNI) The Bombay High Court today dismissed a petition, filed by builder Mahesh Garodia, challenging the Muncipal Corporation of Greater Mumbai's (MCGM) directions in 2002 directing him to hand over five plots, marked as recreational grounds, to the Federation of Plot Owners of Garodia Nagar' and allow them to use it.

A division bench, comprising Chief Justice H S Bedi and Justice V M Kanade, ordered that the costs of the case (Rs 50,000) be borne by the petitioners and they be prosecuted for non-compliance with the directions of the MCGM as well as the HC.

The MCGM allowed Mr Garodia to develop the said disputed land in 1965 on condition that he would provide proper sewarage system as well as develop four to five recreational grounds (RG) and hand them over to the Residents Federation.

However, the same was not done upto 1986 and the MCGM issued notice to handover the RGs, but Mr Garodia,developer of Garodia Nagar at Ghatkopar, informed the civic body about the absence of any such Federation to whom he could give charge to.

Further, he started renting out the RGs for commercial use such as marriage ceremonies, thereby exploiting the said plots to which the MCGM had objected in 1992.

While Mr Garodia had earlier agreed time and again to handover the RGs as per the MCGM's directions, he had over the passage of time handed over all except one plot to Trusts or Mandals of which he was a member.

He told the court that there was only one plot that he had flattened and was open, and was to be developed as a garden. The HC had earlier this year ordered him to handover that plot, after developing it, to the Federation.

But Mr Garodia has disowned his acceptance to handover the plots and challenged the MCGM's order, which the court rejected.

UNI ARM SSS MSJ DB2154