Why orders not followed

BMC chief told to explain

The Bombay High Court has summoned Ajoy Mehta, Commissioner, BMC, and asked him to remain present before it on Thursday morning. The court wants him to explain as to why its orders are not being adhered to by civic officials.

Incidentally, this is the third time that the court has summoned Mehta in the last two years, because of the failure of his officials to comply with the court’s orders.

This time, Mehta has been summoned by Justice Shahrukh Kathawala due to the BMC’s failure to comply with his earlier orders and, in turn, endangering the lives of tenants of a heritage building situated in south Mumbai.

Earlier this year, Justice Kathawala was moved by tenants of the century-old Bhatia building highlighting illegal construction that was carried out by four landlords. They claimed that the unauthorised construction had damaged the building’s foundation beams, resulting in several cracks all over the structure. In their suit, the tenants also cited ongoing excavation work in another plot that was situated just behind the Bhatia building. They claimed that this excavation work was also causing damage to the structure and directly endangering their lives.

Having considered the contentions, the bench in March

had ordered the constitution of an expert committee, consisting of BMC engineers, along with MHADA officials. The bench posted the matter for hearing on May 22 with a specific direction to the experts committee to submit a report.

Apart from this, the bench also directed BMC to ensure that excavation work is stopped until further orders. When the matter was called up for hearing on Tuesday, Justice Kathawala was informed that the BMC has written a letter to the developer of another plot to stop excavation work and fill up the excavated sand. But the court was irked to note that the developer was informed only on Monday to stop the excavation work. “The BMC has not taken any action in the matter till date, despite the fact that the orders were passed well in advance. This is the manner in which the civic body functions; this is also the respect and regard its senior officials have for orders passed by this court,” Justice Kathawala said. “Thus, this court directs Municipal Commissioner Ajoy Mehta to remain present in the courtroom on Thursday. This court would like to know as to why its orders are not complied with by the civic officials,” the bench added.