BMC illegally dislodges legal structure of a Cobbler prior to P.Ms visit to Marol Letter to Hon. Chief Minister of Maharashtra & Ors.

Bhartya varta:

Jagdish K Kashikar

Freelancer Journalist cum Legal/Investment Consultant, Mumbai, Maharashtra.

WhatsApp - 9768425757

We have been approached by Mr.Jibhau Keda Guthale who was having a Cobbler shop situated at adjacent to Everest Building, Marol Village, Church Road, Andheri East, Mumbai – 400 059 since 1990 onwards.

Mr.Guthale has been conducting his cobbler business since 1990 onwards till about 1st February, 2023.  The K East BMC Ward office in anticipation of forthcoming visits of Prime Minister Mr.Narendra Modi to Bohra colony, illegally and un-authorizedly demolished the said premises.

The said Mr.Guthale is a person belonging to Scheduled Caste and  holds the caste certificate to the said effect granted by Executive Magistrate, Malegaon.  

Mr.Guthale is also holding the Registration Certificate granted by Ministry of Micro Small and Medium Enterprises, Government of India for said premises.  

The said premises also has been granted Registration Certificate under the provisions of Maharashtra Shops & Establishments (Regulation of Employment and Condition of Service) Act, 2017.

The said shop was censed by Mumbai Municipal Corporation in the year 2014 and the receipt issued evidencing the existence of the said premises is clearly established.

Since the aforesaid documents clearly established that the premises belongings to a person of scheduled Caste, the illegal and un-authorized demolition of his premises on 1st February, 2023 by K East Ward BMC without following due process of law and even without any show cause notice is gross mis-use, abuse of the power vested in the corporation.

We hereby state that the dispossession of said cobbler from the said premises is in  direct contravention of Section 3 (1) (v) of the Scheduled Castes And The Scheduled Tribes (Prevention Of Atrocities) Act, 1989, which stipulates that  whoever wrongfully dispossesses a member of a Scheduled Caste or a Scheduled Tribe from his land or premises or interferes with the enjoyment of his rights over any land, premises or water shall be liable for punishment under provisions of the Scheduled Castes And The Scheduled Tribes (Prevention Of Atrocities) Act, 1989.

In facts and circumstances it is clearly evident from the fact narrated above that atrocities  have been committed on a member of scheduled caste.

We therefore demand suspension of the concerned officials of K East Ward of BMC and also re-erection of the said premises at the cost of BMC and the amount to be recovered from the salary of the concerned BMC official.

Watchdog Foundation

Nicholas Almeida/Adv.Godfrey Pimenta

Trustees

Adv. Vivian D’Souza/Rita D'Sa/Cynthia Gonsalves

Advisors

Adv. Tulip Brian Miranda

President

Bombay East Indian