Sep 05,2025 BMC

285-204 / CMO, MC-BMC, MMRDA / show your capability and preparedness before demolishing any bridge or structure / Hancock – Elphinstone bridge folder and file

Date: 4.9.25

285-204 / CMO, MC-BMC, MMRDA / show your capability and preparedness before demolishing any bridge or structure / Hancock – Elphinstone bridge folder and file

 

NOTICE TO PROSECUTE

Kamlakar Ratnakar Shenoy
Senior Citizen (alert senior citizen aged 66 years)
B-903, Vaishali Apartment, Opp. MTNL Exchange,
Sheth Motisha (Love) Lane, Mazgaon, Mumbai – 400010
Mobile: 9870987359
 

To,
  1. The Metropolitan Commissioner,
Mumbai Metropolitan Region Development Authority (MMRDA),
Bandra Kurla Complex, Bandra (East), Mumbai – 400051

2. The Chief Engineer, MMRDA

Cc:
The Joint Commissioner of Police, Traffic, Mumbai
The Municipal Commissioner, BMC
The Additional Municipal Commissioner (City), BMC
The Additional Municipal Commissioner (Project), BMC
The Chief Engineer (Roads), BMC

SR. PI Bhoiwada Police station

DCP zone 3 & 4

Respected Sirs,

1. In continuation of my earlier correspondence, RTI applications, and citizen objections (copies already with your offices) regarding the Elphinstone bridge and associated road widening works, I hereby put you to urgent notice that if the road widening process is not fully completed and demolition is initiated on 10th (as reported), then all concerned officers of MMRDA shall be prosecuted for:

   a. demolishing the bridge without urgency,
   b. falsely declaring it unsafe and beyond repairs without proper structural and administrative due process, and

  c. causing wrongful loss to the public exchequer and citizens by visionless, substandard, and unplanned execution.

 Further, without road widening and rehabilitation of the occupants of the obstructing building, we do not believe any assurances of MPs, MLAs, politicians, or IAS officers of MMRDA. If necessary, the Metropolitan Commissioner must provide an affidavit in his personal capacity of being responsible for delay with penalty and prosecution clause as MMRDA commissioner is playing mischief with life and quality of life of the citizens with full knowledge that he is making a false statement and action to demolish the Elphinstone bridge is not justified without road widening process being totally completed. –

 (i) payable penalty of Rs. 5 lacs per day personally by the Commissioner for failure to meet the declared deadline (as usual) and

 (ii) enforceable by citizens through criminal prosecution against the MMRDA commissioner in case of breach to meet dead line by starting demolition without showing any preparedness and taking citizens in confidence,  .
 

2. The information already sought under RTI (enclosed / referenced) includes but is not limited to:
    

 

1. Status of road widening and rehabilitation of affected occupants,
2. Detailed file notings, NOCs, permissions, drawings, contracts, penalty clauses, structural audits, minutes of meetings, names of the persons and designations who have consented to demolish the Elphinstone bridge with preparedness and without completing road widening.
3.  Inspection reports declaring the bridge dangerous and that it is beyond repairs and need only demolition, including names and designations of officers who signed such certificates, along with all structural report including six monthly health report and other reports sought in RTI.
4. MMRDA’s sanctioned vs present engineering staff strength, competence levels, and preparedness for large projects,
5. Confirmation of long-term maintenance responsibility of MMRDA, post-construction inspection standards, and life span guarantees.
6. Failure to produce this information before initiating demolition will be treated as deliberate concealment and criminal negligence.
    

3. The public has repeatedly raised the following fundamental planning concerns (previously sent on 16.7.25 and 28.8.25):
     

1. Absence of holistic traffic management,
2. Inadequate planning for garbage disposal (800 MT per day), hospital access, and fire/emergency services,
3. No clarity on preparation done regarding underground utilities, disaster management, or pedestrian pathways,
4. No public consultation or compliance report / information sought in terms of High Court order dated 29.4.25 directing speaking orders on objections, (contempt of Court in addition to criminal prosecution)
5. Absence of joint inspections and handover protocols to BMC, leaving BMC staff scapegoated in case of future accidents.
    

4. MMRDA has demonstrated a pattern of substandard and visionless execution, eroding public confidence. Examples include some against many others :  

1. Lalbaug bridge – the structure urgently requires repairs, roads are worn out, and a part has already fallen, posing risk to life and property.
2. Eastern Freeway – the concrete road surface was worn out in just three months, and tar mastic (not plastic) was subsequently laid on top of concrete — shocking lack of quality assurance.
3. Eastern freeway not completed since 20 years from Mankhurd onwards
4. Bhiwandi bridge and Bhiwandi road inside and way to Wada washed out and torn up within one year of construction. There are no potholes but only craters which are such large that a big lorry cannot avoid these craters but have to bump down 6 to inches inside such craters.
5. Roads constructed at Vajreshwari and Ganeshpuri - innumerable examples of incompetent, dishonest, and corrupt practices, severely compromising public safety and wasting public funds.
    
6. Please educate me if my submission is incorrect. We are not against development, but we do not want the Hancock and Carnac bridge fiascos to be repeated by MMRDA, who remain among the most inefficient operators in Maharashtra.
   
   5. Public service is a trust reposed by taxpayers. Any officer failing to discharge statutory duties, or proceeding with demolition in violation of law and public interest, shall be held criminally liable for offence of criminal breach of trust by public servants under sections 406, 409 IPC amongst others, in addition to personal liability under the RTI Act and civil claims for wrongful loss.
    

6. You are therefore called upon to:
   a. Immediately halt any demolition of Elphinstone bridge until all statutory, structural, administrative, and public interest requirements are fully complied with and transparently disclosed.

   b. Provide a detailed compliance and preparedness report addressing every objection and information point already raised.
   c. Issue a public notice with at least 3 weeks’ advance intimation before any closure or demolition, as mandated by principles of natural justice.
 

7. Failure to comply will result in initiation of criminal prosecution / Contempt proceedings and pursuit of legal remedies against each officer being personally responsible, including but not limited to officers of MMRDA, consultants, contractors, and supervising authorities who permit such illegal and reckless acts.

This notice is issued strictly in larger public interest, with no intention to obstruct lawful development but to prevent avoidable disasters, wastage of public funds, and criminal misuse of statutory powers.


 

 

The following documents and references are attached herewith for ready reference and as part of the record forming basis of this notice:
 

1. RTI Application dated 28.08.2025 to MMRDA regarding sanctioned and working strength of staff, engineers, architects, consultants, and detailed status of road widening and rehabilitation process.

2. RTI Application dated 28.08.2025 to BMC regarding sanctioned and working strength of staff, engineers, architects, and details of ROBs declared dangerous with their structural audit reports.

3. Citizen objection and suggestion letter dated 16.07.2025 sent to CMO, MC-BMC, MMRDA, Railways, Traffic, Fire, and others regarding closure of Elphinstone bridge, containing critical preparedness points.

4. Copy of High Court order dated 29.04.2025 directing passing of speaking order on objections raised before closure or demolition of bridges, for compliance reference.

5. Video references documenting citizen awareness, physical conditions, and prior representations:
   a. https://youtu.be/WeBha53-fqM – RTI appeal before MMRDA
   b. https://youtu.be/3WPe3onBvmw – Live video on Elphinstone bridge
   c. https://youtube.com/shorts/Q4H5M6iqf6k?feature=share – Awareness outside MMRDA office



 

This index is submitted to ensure that every authority is fully aware of the basis and supporting documents accompanying the legal notice for prosecution warning, in order to prevent denial of information or future claims of ignorance of public objections.
 

Place: Mumbai
Date: ____________

Submitted by:
Kamlakar Ratnakar Shenoy
Senior Citizen (66 years)
B-903, Vaishali Apartment, Opp. MTNL Exchange,
Sheth Motisha (Love) Lane, Mazgaon, Mumbai – 400010
Mobile: 9870987359
 

 

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