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Eyesore no more

By Sherene Vakil · August 21, 2013
The dilapidated toilet block near the Bhikha Behram Well has been finally demolished, much to the relief of devotees who pray at the sacred well as well as pedestrians and motorists who can now enjoy an unfettered view of the green garden on Cross Maidan, a gift to the citizens of Bombay from the Organization for Verdant Ambiance and Land (OVAL) trust. The process, which began nearly 16 years ago, first with protests from Zoroastrians, followed by protracted litigation, culminated in a Bombay High Court (BHC) ruling on April 9, 2013 ordering demolition of the toilet block. This was undertaken by the Bombay Municipal Corporation (BMC) between July 20 and 22, 2013.
According to Mumbai Mirror (MM) dated July 24, 2013, the urinal, built by the now defunct Rotary Club of Bombay Sunrise in 1996 was never used because the Bombay Parsi Punchayet and the Bhikha Behram Well Trust moved the BHC fearing that sewage from the toilet could contaminate the water of the 288-year-old well, a Grade I heritage structure. When the BHC did not stay the toilet’s inauguration, the Parsis took the matter to the Supreme Court which granted a stay and sent it back to the BHC.
"We had received many requests to remove the toilet but were waiting for the BHC order… The demolition will also protect the sanctity of the Parsi well,” a civil official told MM. Happy that the court battle was finally over, Bhikha Behram Well trustee Viraf Kapadia told that newspaper, "The BMC had ignored our concerns and allowed the urinal to be built.” The BMC, however, informed the Court that permission had been given at that time since there was a scarcity of such facilities in the area. Kapadia informed Hindustan Times of July 21, 2013: "We wrote to the municipal commissioner and other officials for the demolition (after the court order), but there was no response. We finally met with corporator Makarand Narvekar last month, who helped expedite the process.”
"We had to wait a long time, but we got justice. The BMC has been taught a lesson,” solicitor Homiar Vakil of Mulla and Mulla, Cragie, Blunt and Caroe, which represented the petitioners opined to HT on July 26.
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