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This is an archive article published on April 29, 2010

HC stays Sena pet project

The Bombay High Court today stayed the beautification of Shivaji Park,a pet project of the Shiv Sena-ruled BMC and opposed by the MNS...

The Bombay High Court today stayed the beautification of Shivaji Park,a pet project of the Shiv Sena-ruled BMC and opposed by the MNS,after two citizens filed a public interest litigation alleging that the contracts were awarded without inviting tenders.

In an interim order,a division bench of Justice F I Rebello and Justice Amjad Sayed also stayed the construction of a mural at the entrance,depicting the coronation of Shivaji.

The PIL,filed by Durgesh Warty and Manoj Govekar,city residents,alleges that contracts for the beautification and the mural were awarded,respectively,to Valsons and Karan Builders and Ana Associates without calling for tenders. The mural will cost Rs 1.28 crore and the entire beautification Rs 3.15 crore,it says.

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The BMC plans to appeal on Thursday,present its side of the story and ask the High Court to revoke the stay. Sena leader Ravindra Waikar,playing a key role in the project,insisted that tenders were invited.

The ground is the usual venue for the Sena’s Dussehra rally at Dadar,where equations have changed since the last Assembly election. Dadar,once a Shiv Sena bastion,was bagged by the MNS candidate,and the MNS has been opposing the project on the ground that locals don’t want beautification. Nitin Sardesai,MNS MLA from Mahim,said the court decision was in line with the wishes of the people of the area.

The court directed that no construction can be carried out on the playground. The petitioners’ lawyer,Girish Godbole,had said the park cannot be used for construction and urged the court to cancel the contract.

The petition said the project was in breach of section 72 of the BMC Act,which says if any work is to be awarded for projects costing more than Rs 50,000 it should be done only after inviting tenders. However,the section also states that in exceptional cases such work can be given without tender.

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Godbole however argued that there was nothing exceptional or urgent about this project.

The court has sought BMC’s reply by May 5.

SENA VS SENA
The ground:
Birthplace of the Shiv Sena,venue of its annual Dussehra rally. Dadar was a traditional Sena bastion but fell to MNS in last poll

Sena plan: To erect two murals,one depicting Shivaji’s coronation ceremony and the other his ride on an elephant,along with traditional lampstones. Three phases include landscaping and grass (Rs 1.9 crore),parapet and walkway (Rs 3.15 crore),and murals and lampstone (Rs 1.3 crore)

Status: Work had been in progress (left) for scheduled May 1 opening

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Opposition: MNS says locals don’t want renovation. Petition in HC says contracts given without tenders

Touch and go: Inauguration by Bal Thackeray planned for Saturday. BMC will appeal on Thursday for revocation of stay

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