High Court: BMC cannot take possession of Priyadarshini Park without due process

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The Bombay High Court yesterday said the Brihanmumbai Municipal Corporation (BMC) cannot take possession of the 20-acre Priyadarshini Park in south Mumbai without following the due process of law.

In April last year, the civic body had passed an order, seeking to take possession of the park and to evict the Malabar Hill Citizens' Forum. The forum had approached HC challenging the BMC's order.

A division bench of Justices A S Oka and Riyaz Chagla yesterday opined that the impugned order was passed without following due process of law. '"The petitioner cannot be evicted in such a manner. The corporation will have to follow due process of law before passing such orders,'" the court said. The bench quashed and set aside the order and disposed of the petition.

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