SC transfers petition challenging Glocal Mall

Source: The Hitavada      Date: 04 Nov 2017 11:51:03

Staff Reporter,

High Court had admitted petition filed by Sitabuldi shopkeepers against deletion of internal 15-mt road for final hearing

Supreme Court of India on Friday allowed a petition filed by a group of shopkeepers from Abhyankar Road and who were party to compromise pursis before the Apex Court in 2002, seeking transfer of all petitions pertaining to Glocal Mall coming up at Sitabuldi.  A division bench consisting of Justice A K Sikri and Justice Ashok Bhushan after a detailed hearing allowed the application filed by Akbar Malik and other shopkeepers to transfer the pending petition before the Nagpur bench of Bombay High Court.

According to Abhyankar Road shopkeepers, who were original party to compromise pursis before the Apex Court following demolition of their shops by the then NIT Chairman Dr T Chandrashekhar, for last 15 years,they were forced to wait due to ongoing legal dispute between various parties including Sitabuldi shopkeepers. 

According to Malik and others, they were the original petitioners who filed a petition before the Supreme Court in 2002 in which a compromise between shopkeepers of Abhyankar Road, the landlords and the Nagpur Improvement Trust was penned down and endorsed by the Supreme Court. The shopkeepers of Sitabuldi main road were never affected by the demolition for the road widening in 2002 and they were not the part of the compromise petition filed before the Apex court, according to these petitioners.

In the present petition before the High Court, prominent shopkeepers of Sitabuldi had questioned the legality of the decision taken by NIT to delete a 15-mt internal road connecting Sitabuldi Main Road with Abhyankar Road passing through proposed Glocal Mall, on April 24, 2017 The Nagpur bench while admitting the petition for final hearing had noted that deletion of the internal road, “which is heart and soul and basic structure of the scheme” wipes out the entire scheme and such questions require deeper scrutiny.

NIT had justified its decision stating that there was no possibility of increase in the estimated net cost of executing scheme by more than 5 per cent and opposed the contention of petitioners. According to Sitabuldi shopkeepers, who are opposing demolition notice issued to them and alleged favours shown to mall developer, this internal criss-cross road is vital to decongest Sitabuldi and layout plan sanctioned by the NIT and decision has been taken with an ill-motive to frustrate High Court’s decision dated September 15, 2016.

The transfer petition has pointed out that Glocal developer Goel Ganga, NIT and Buty family members have already approached the Supreme Court against the decision of High Court dated September 15, 2016 by which interanl criss-cross road was held to be vital to decongest Sitabuldi. Since five special leave petitions are already pending before the Supreme Court and therefore Abhyankar Road shopkeepers urged the Apex Court to transfer this petition so that all issues pertaining to Glocal Mall could be decided. Senior Counsel Tushar Mehta, Adv Virat S Mishra and Adv Mehul Gupta appeared for Abhyankar Road shopkeepers.