The BMC officer had failed to personally hear the owner of a Dhobi Talao eatery before passing a demolition order, he was pulled up by the court for breach of order
Bombay High Court
The Bombay High Court recently pulled the assistant municipal commissioner of BMC ward -C for breach of order after he failed to personally hear the owner of Lalit Restaurant & Bar at Dhobi Talao before passing a demolition order. Paying heed to the court's decision, the assistant municipal commissioner apologised for his mistake and agreed to pay Rs 1 lakh fine towards KEM Hospital's poor patients' fund.
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A bench comprising of Justices Shahrukh Kathawalla and Riyaz Chagla told assistant municipal commissioner Chakrapani Alle on Thursday, "Tell us what fine you will pay or we'll take you in custody till the court rises. It is a clear case of contempt,"
According to a report in Times of India, after hearing a second petition by hotelier Lalit Dsouza, during the previous hearing on November 5, the HC had asked Alle "to show cause why action should not be taken against him" for not complying with the August 11 high court order.
Hotelier Dsouza, who owns Lalit Restaurant & Bar had initially challenged the August 3 demolition order passed by Alle regarding an alleged illegal portion of the over 4,300 sq ft eatery following a complaint by Shiv Sena corporator Amey Ghole.
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On August 11, the HC quashed the demolition order, and set aside Alle's order, and directed that Dsouza be given a personal hearing. However, on September 27, Alle passed another razing order. Post this, Dsouza once again moved the HC which, on November 5 set aside the demolition order, and stated that Alle will not deal with the matter further.
Senior advocate Anil Sakhare, standing for BMC said that it was a bonafide mistake by Alle due to work pressure as he's managing 17 internal departments and 3,000 staffers. Sakhare further said that Alle is also managing the additional charge of the B ward and is keeping the COVID-19 case count low in his ward.
To this Justice Kathawalla pointed out: "In the August order, we had mentioned about his (Alle's) conduct in March. It can't be a mistake. He is repeatedly doing it." He further said that in Dsouza's case, "he is doing something which is mischievous," adding "Where was the need to paste the notice? Just because corporator says he must do it?"
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When the HC questioned Alle as to when he had received the August 11 order, he said that neither had he read the order nor did his staff bring to notice that he had to give a personal hearing to Dsouza. Responding to Alle's remark Justice Kathawalla asked, "What sort of officer you are? You are assistant commissioner...and you don't bother to read HC's order?"
Upon realising his mistake, Alle with folded hands said, "I'm extremely sorry." While the court accepted his apology, it gave him the option of paying a fine or facing a sentence for contempt. When Alle agreed to pay Rs 1 lakh fine, Justice Kathawalla said, "Let him pay to your [BMC] own hospital." The judges will soon pass a formal order in the case.
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