MADHAVI RANE Vs. BOMBAY MUNICIPAL CORPORATION

JUDGEMENT

(1.) JUDGMENT :- Mr. Mehta, learned counsel for the respondents submits that the Bombay Municipal Corporation has reconstructed the structure which was illegally demolished by it. On an enquiry made by us, we were told that the total cost incurred is Rs.22,880/-. He, however, could not tell us as to what action has been taken against the persons who are responsible for the illegal act and/or whether any step has been taken to recover this amount from those persons. Mr. Mehta further submitted before us that the Corporation is prepared to bear this expenditure. We are not impressed by this submission. In our view, this is a very serious matter. The action, on the face of it, is not only most illegal but high-handed. Even today, no records are brought before us to show that the demolition was made after making any enquiry, not to speak of any notice. What we have before us is the letter of the Assistant Engineer seeking police protection to demolish the structure. Nothing more is produced.

(2.) THE Assistant Engineer (Building and Factories), who issued the communication dated 25th May 1998 to the Inspector of Police seeking police protection for demolishing the structure in question, stated before us that he did so on the oral directions of the then Ward Officer Mr: Ghaste. No records, however, could be produced before us by the Corporation even today to show how the proceedings for demolition of the structure in question came to be initiated, wherefrom the reports came, who verified the same and who passed the order for demolition. What we are told now is that the demolition was made with the police protection on the oral directions of the concerned Ward Officer. This, in our opinion, is very serious. The Ward Officer to file an affidavit setting out the full facts of the case.

(3.) WE , therefore, direct the higher authorities of the Corporation to look into the matter and file a detailed affidavit in the matter. We also direct the Corporation to state in the affidavit the procedure followed, record maintained, orders passed before taking up demolition of unauthorised structures. Information may also be furnished in regard to the officers who are authorised to order demolition.