The Bombay high court
Bombay High Court Criticizes BMC for Non-Compliance
The Bombay High Court has expressed disapproval towards Brihanmumbai Municipal Corporation (BMC) Commissioner Ashwini Bhide for failing to adhere to a recent court order. The court mandated a thorough examination of civic land parcels to identify suitable sites for implementing a state policy established in October 2008, which aims to provide free housing to sanitation workers. This oversight has raised concerns about the BMC’s commitment to supporting the welfare of sanitation workers in Mumbai.
Hearing petitions by retired sanitation workers, the judges said it was “unfortunate” that Bhide’s affidavit “sadly” did not comply with the August 10 “clear” order. They then asked senior advocate Narendra Walawalkar, with advocate Joel Carlos, to discuss with Bhide, “by indicating that there was something drastically amiss in the said affidavit, and as to what should be the appropriate approach to be adopted, in the facts and circumstances of the case”. they said that the HC can take “sufficient judicial notice” of how large tracts of municipal land were permitted to be encroached by slum and thereafter handed over to “private developers to be developed as slum scheme, thereby conferring a bonanza of such municipal gift to such encroachers and other beneficiaries” While refraining from drawing inferences whether there is attempt by municipal officers to suppress information. “However, on the other hand, BMC’s own sanitation workers have been deprived of housing for 18 years,” the bench added. The judges said that when orders were clear, “they ought to have been complied in letter and spirit”, adding: “We, hence, regret the municipal commissioner being advised to file such an affidavit…” They adjourned the hearing to September 9 for Bhide “to reconsider the contents of today’s affidavit and place an appropriate fresh affidavit on record”.