New Delhi: The Supreme Court on Tuesday imposed a cost of ₹ 5 lakh on the Brihanmumbai Municipal Corporation (BMC) for violating its order directing the removal of encroachments from a plot in Borivali East earmarked for a bus yard.
A bench headed by Chief Justice of India Surya Kant issued a contempt notice to BMC commissioner Ashwini Bhide, asking her to explain why action should not be taken against her for disobeying the court’s orders. It also directed the BMC and the Maharashtra government not to release Bhide’s salary or that of her personal staff until the contempt petition is decided. However, the Supreme Court bench, also comprising justices Joymalya Bagchi and V Mohana, rejected the request. “There is complete, deliberate non-compliance of our order. Your officers are more keen to follow the civil court’s order, and they have no interest to comply with the order of the Supreme Court.”
The court had, on July 28, directed the BMC to clear encroachments from the 3,400-sq-m plot within three months and file a compliance report. This is happening due to connivance of your officials with encroachers.
The BMC said the documents filed in the civil court were in Marathi and it needed time to translate them into English. On Tuesday, the civic body sought an additional four weeks, citing proceedings initiated by the encroachers in a civil court.
However, the bench was not inclined to grant more time. “The period to comply has gone. Let them be taught how to carry out work. The contempt petition was filed by M/s Parag Constructions, the owner of the plot. Their inability to do so showed their unwillingness to act against the encroachers and wilfully violate the court’s order, he added.
Senior advocate RP Bhatt, appearing for BMC, said that Bhide was willing to comply with the July 28 order within a month. Advocate Manoj K Mishra, who appeared for the construction firm, said that the Supreme Court’s July 28 order clearly stated that if the civil court does not pass a stay order, the BMC can proceed with the eviction and demolition. Because they do not understand decent language, they will understand the language of this order.
Once we send him to jail, he will understand the language of the Supreme Court order,” it said.
