MUMBAI, Dec 18: It looks like zunkha bhakar is set on providing food for endless controversy. Close on the heels of reports that a stall was being constructed inside a residential complex at Goregaon, the Bombay High court admitted a public interest writ petition on Wednesday challenging the Brihanmumbai Municipal Corporation's (BMC) decision to convert a municipal garden at Vertex-B Complex, opposite Andheri (east) railway station, into a zunkha bhakar stall.

This is allegedly being done for the benefit of a sitting Shiv Sena MLA's son.

The petition has been filed against Sitaram Dalvi, his son Sandeep, BMC K west officer K S Mehta, and municipal commissioner Girish Gokhale, by the Brashtachar Nirmoolan Sangathana (BNS). It prays for the demolition of the stall and withdrawal of any permission granted by the BMC. It also seeks to restrain the respondents from conducting any business at the existing structure and for directions to the BMC for not granting water connections.

The matter will come up for hearing before Justice B P Saraf and Justice A Y Sakhare on February 2.

Said BNS president Manav Joshi, the development of the stall violates the BMC Act and Development Control rules. As per the development plan of Andheri, the plot has been reserved for a public garden. The petition says the garden was handed over to Hotel Sahar International by the BMC under an agreement dated June 16, 1997, between the hotel and Deputy Municipal Commissioner (Zone III) V W Joshi. The hotel was only empowered to develop the garden within three months and maintain it for five years by paying the BMC a royalty of Re 1 per annum. The agreement restricted the hotel from using the garden for any other purpose. ``Dalvi has wielded his influence to get the plot allotted to his son to run a stall. The BMC sacrificed the plot despite the rules only to oblige the MLA,'' charged Joshi.

He pointed out, ``The state government's guidelines on the zunkha bhakar scheme which state that no stall should be constructed on a footpath or a setback area, have also been glossed over by the BMC. It cannot grant permission for the stall on a public facility.'' Joshi also expressed the fear that if the stall were allowed to function, it is likely to be converted into a full-fledged restaurant and increase congestion in an already crowded space.

Sitaram Dalvi was unavailable for comment as he is in Nagpur attending the winter session of the state legislature. His personal assistant Subhash Rajput claimed, ``The entire petition is based on hollow arguments. The land belongs to the collector and there was never any garden on it. The residents of the Vertex complex had grown some trees to prevent hawkers from sitting there.'' He also said the stall had a No Objection Certificate from the collector and the final approval was granted by the Deputy Municipal Commissioner V W Joshi himself. He further said the stall was merely owned in the name of Sandeep, but was actually run through the Bharatiya Vidyarthi Sena. ``There was no agreement between the hotel and the BMC, and the one appended to the petition seems to be a false document,'' Rajput said.

Sandeep, said Rajput, was at the stall. ``We have already started running the stall and Sandeep must be there,'' he said. Joshi was unavailable for comment despite repeated efforts.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.