Bombay HC Issues Contempt Notices To BMC Officials For Demolishing Petitioner's Home Despite Assurances

Mumbai: The Bombay High Court issued show-cause notices to two officials of the Brihanmumbai Municipal Corporation (BMC) for contempt of court after they went ahead with the demolition of a petitioner’s structure despite oral assurances given to the court the previous day.

A bench of Justices BP Colabawalla and Firdosh Pooniwalla, on July 4, was hearing a petition filed by Sagar Narvekar seeking to be included in the list of eligible occupants for permanent alternate accommodation in a redevelopment project at Tardeo. He had also sought quashing of a revised Letter of Intent issued in 2018.

The bench was informed that although the court had orally directed the BMC not to take any coercive action, and the civic body’s senior counsel had assured compliance, the petitioner’s home was demolished just hours later. “Despite our oral directions and the assurance given, the structure of the petitioner has been demolished,” the court noted, expressing strong displeasure.

The court has issued contempt notices to BMC officer Vaibhav Dattatray Maskare and his senior, Sachin Prakash Mahajan, who allegedly carried out the demolition around 3 pm on July 3. The notices are returnable on August 8.

“From what has transpired… the entire grievance raised in this petition has been virtually rendered a fait accompli. His house has been demolished and he is now on the road,” the bench observed.

To offer temporary relief, BMC’s senior counsel Anil Sakhare informed the court that Narvekar had been allotted a room in a Byculla transit camp. The petitioner, through his advocate, agreed to accept the accommodation “strictly under protest” and without waiving his rights to a flat at the Tardeo site.

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The court directed the civic body to hand over the Byculla room immediately and also directed the developer to keep one tenement vacant at the Tardeo site in case Narvekar succeeds in his petition. The matter is now listed for admission on August 8.