In an interim order dated June 18, 1999, Justices M B Ghodeswar and B N Srikrishna have maintained that a writ petition filed by Narendrakumar B Shah, a resident of Vile Parle (W), against the Brihanmumbai Municipal Corporation (BMC), the State of Maharashtra and Gurunath Desai, requires detailed investigation.

``After reading this petition and hearing counsel, we are of the prima facie view that at the instance of the 3rd respondent (Gurunath Desai), the state and municipal machinery have abdicated their legal obligation. This is a situation which cannot be countenanced. Hence, this writ petition requires detailed investigation,'' the judges maintained.

Giving the respondents two weeks to file their affidavits-in-reply to the petition, the division bench has ordered the municipal commissioner to personally file an affidavit on behalfof the BMC ``in view of the serious nature of allegations made against the high officers.''

The court has also ordered the BMC and the state not to make any declaration under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act with regards to the disputed property, and also not to pass any orders regularising the structures of any of the persons concerned in the writ petition without the orders of the court.

The petition has alleged that Desai had connived with municipal officers and anti-social elements and constructed 34 unauthorised structures including godowns, a gymnasium, a Shiv Sena office used by Desai himself, and a balwadi on his private property measuring 1,450 sq mt at Irla Passage Road in Vile Parle (W).

In fact, the BMC K-West ward office had issued a notice dated September 5, 1994, under Section 351 of the BMC Act to initiate action against the balwadi. Despite directions from the then additional municipal commissioner that the same be expedited, no action has beeninitiated yet.

Alleging that Desai, by virtue of his conduct was a slumlord, the petition has sought action against him under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggars, Drug-Offenders and Dangerous Persons Act (MPDA).

The petitioner has alleged that he has become a victim of ``hostile discrimination'' by civic officials and the state government and that the officers were being utilised by Desai and have acted in violation of the law.

The matter dates back to 1992, when the petitioner lodged repeated complaints with the BMC regarding unauthorised structures constructed on his property, providing all the necessary details including copies of the certified location plan of the structrures.

However, despite assurances, no steps were taken by the K-West ward office. Instead, the ward office wrote to the petitioner on several occasions claiming that the contents of his complaints were not clear and the location of the structures as demarcated in the plans submitted by thepetitioner were untraceable.

``Desai is ensuring that requisite action is not taken by the concerned officers of the BMC against the illegal structures. He has also brought pressure on the petitioner to sell the said property for peanuts to his friend, one Ramesh Shah of Zodiac Builers. As the petitioner has refused to sell his property, Desai is now interested in grabbing the entire property,'' the petition alleges.

The petitioner has also demanded an investigation by the Central Bureau of Investigation into Desai's activities as the state Criminal Investigation Department and local police could be pressurised.