HC slams collector over demolition of crematorium without notice in Mumbai

The Bombay High Court on Wednesday came down heavily on the Mumbai Suburban District Collector for demolishing a seaside crematorium used by the fisherfolk community without giving a hearingA division bench of Chief Justice Dipankar Datta and Justice Madhav Jamdar noted that Collector Nidhi Chaudhari was aware of the law and rules and hence she was trying to subvert lawThe HC was hearing a Public Interest Litigation PIL filed by city resident Chetan Vyas raising concerns over the alleged unauthorized construction of the crematorium on Erangal beach in suburban MaladThe construction violated the Coastal Regulation Zone CRZ rules the PIL claimedEarlier this month the high court was informed that the crematorium was demolished after another bench of the HC had ordered joint inspection of the siteNo showcause notice or hearing was given to the local fisherfolk community which used the facility before the actionAlso Read Bombay HC orders BMC to demolish unauthorised construction at Narayan Ranes bungalowThe Collector told the court that she was following the directions of the Maharashtra Coastal Zone Management Authority MCZMAThe MCZMA however claimed that it had only asked the collectors office to conduct inquiry and take actionThe bench on Wednesday noted that in another matter the HC had directed the same Collector to take action against the buildings violating height restrictions near the airportThe same Collector then took a completely different approach She Chaudhari had so many difficulties then She was under orders of the court but still she had so many questions We did not take any action then CJ Datta saidBut look here She is a district collector She cannot be so naive that she cannot tell the MCZMA that the fisherfolk would have to be heard first and a factfinding inquiry has to be carried out the court saidThe court also rapped the MCZMA for issuing a letter to the Collector seeking action against the crematorium without inquiryIs it not the duty of the MCZMA as custodian authority to first depute an officer to inquire the bench saidThe court also went through the death register of the crematorium which showed that it stood on the spot prior to the February 1991 notification about the CRZ rulesThere were two cremations done at the crematorium on December 25 1990 and February 16 1991 This shows that the crematorium was there before the notification the court notedWhile reserving order on the PIL the judges also noted that they felt that the court too was at fault in the caseThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever