HC RAPS STATE FOR DELAYING LAND ALLOTMENT FOR NEW HC COMPLEX
MUMBAI: In a stern rebuke to the state government’s sluggishness in filing an affidavit detailing the progress on the allotment of a new high court building in Bandra, the Bombay high court has expressed dissatisfaction, stating they ‘were required to file a simple affidavit.’
A division bench of chief justice Devendra Upadhyaya and justice Arif Doctor cautioned the state against compelling the court to resort to drastic measures regarding the allotment. “We are requesting and requesting! Don’t compel us to pass drastic orders. You are in contempt. Where is the affidavit? You had to file details of only the steps taken. Why didn’t you file? Who is briefing you? Somebody from the state secretary?” the court remarked.
The bench criticised the state’s lack of seriousness and highlighted the hurdles they face in arranging even a basic oathtaking ceremony due to space constraints. “Is this a matter that is to be taken so lightly? Why cannot the government understand the constraints the court faces daily?” the bench said.
The contempt petition, initiated by advocate Ahmad Abdi, followed the HC’S directive to the state for land allocation for the new building. Abdi, who had filed a PIL in 2012 prioritising the new building, asserted that the state’s inaction amounted to contempt of court. During the hearing, Abdi pressed the government’s contempt and urged the court to summon the chief secretary. Government Pleader Abhay Patki sought a four-week extension to file an affidavit, prompting the court’s reproach.
The court after an exchange with Patki, allowed him to submit the affidavit within 15 days.