HC notice to BMC chief for not demolishing illegal structure
Mumbai : The Bombay High Court today issued a showcause notice to the BMC commissioner asking why contempt action should not be initiated against him for failure to comply with a court order directing demolition of an illegal structure in suburban Mumbai.
The high court had in June this year directed the Brihanmumbai Municipal Corporation (BMC) to demolish the illegal construction allegedly done by Mehul Vora, husband of Congress corporator from Vile Parle, Binita Vora, at their residence.
A division bench of Justices A S Oka and A A Sayed was hearing a petition filed by Shiv Sena member Jitendra Janawale, whose wife lost to Vora in the 2012 civic poll, seeking action against the corporator and her husband for the illegal structure.
The bench was today informed by Janawale’s advocate Sagar Rane that instead of demolishing the illegal structure, the corporation has regularised it.
Irked by this, Justice Oka said, “We are issuing showcause notice to the civic body commissioner asking him why criminal and civil contempt action should not be initiated against him for failure to comply with court orders.”
The HC posted the matter for next hearing on November 18, by when the civic chief will have to file his reply.
In June, the high court had also directed the civic chief to initiate proceedings in a lower court to determine if corporator Vora stands disqualified from the BMC for alleged illegal construction done by her husband.
Under section 16 (1D) of the Mumbai Municipal Corporation Act, a councillor who builds by himself or his/her spouse or dependent builds an illegal structure and is directly or indirectly responsible, shall be disqualified.
The petition said that Vora is liable to be disqualified as her husband built the outhouse of their bungalow — Kunj Vihar — illegally and converted into a commercial showroom at Vile Parle without the requisite permission.