Fearing action under MPDA, secretary of the housing society, K S Nair, and the contractor, Mohan Dantal, have finally agreed to demolish the stalls on their own within 15 days. In the process, both stand to loose Rs 8 lakh which was used to construct these alas.

Dantal had been booked under the Maharashtra Regional Town Planning Act (MRTP), and jailed for a week after three days at the Andheri police station lock-up, while Nair who was reportedly ill was admitted to Cooper Hospital. At present, both are out on bail of Rs 5,000 each.

The stalls, inside the society's premises, were built by Nair toaccommodate hawkers who sold their wares on the pavement outside the society. The decision was taken as the BMC wanted to widen the road adjoining the premises.

According to an agreement with the society, the hawkers were to be provided 5ft x 5ft galas for Rs 40,000 each. Some of them have already paid the initial instalment ranging between Rs 5,000 to Rs 10,000. However, after construction started in August 1998, the president of the Tarun Bharat Residents Association filed a case in the Bombay High Court against allotting stalls to the hawkers inside the society's premises. Residents also complained that the plot on which the stalls were constructed belonged to the Airports Authority of India, which served the society a notice. In November, even though the court ordered a stay on the construction the ward office failed to take any action.

In February this year, the BMC served the society a notice asking it to demolish the stalls but to no avail. In the meantime, the civic authorities booked Nair andDantal under the MRTP Act, arguing that the contractor did not have the ward office's permission to carry out the construction. Hence, the BMC said, he was liable for action along Where BMC fails, MPDA succeeds with the secretary. Following this, the Andheri police served a notice before arresting both Dantal and Nair.

This the first time action has been initiated against a contractor for illegal constructions, says a civic official, adding that this should serve as a precedent. Last week, Nair and Dantal told Deputy Municipal Commissioner Chandrasekhar Rokde that they would demolish the structures within 15 days. Rokde said the ward office had granted a fortnight as Dantal and Nair has agreed to undertake the demolition on their own. ``This is a positive beginning for the BMC and hence the civic authorities heeded their request,'' Rokde said, adding that the BMC would initiate action if the structures were not demolished by the duo.

The hawkers, however say they will try and obstruct the demolition oftheir galas as they have already paid Nair and Dantal the initial installment.