Bombay High Court Criticizes BMC Over Malad Building Demolition
HC directs BMC to explain ‘high-handed’ Malad demolition
Hindustan Times
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The Bombay High Court has reprimanded the Brihanmumbai Municipal Corporation (BMC) for demolishing a building in Malad West, Mumbai, without following due process. The court demanded an explanation from the BMC for this 'high-handed' action and warned of potential penalties if the justification is unsatisfactory.
- 01The Bombay High Court criticized the BMC for demolishing a building without due process.
- 02The court demanded an explanation from the BMC regarding the demolition.
- 03The demolition was deemed 'extremely high-handed' and arbitrary.
- 04The BMC did not follow its own guidelines for handling unauthorized structures.
- 05Potential penalties for BMC officers could follow if the court finds their actions unjustified.
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The Bombay High Court has taken a strong stance against the Brihanmumbai Municipal Corporation (BMC) for its demolition of a building in Malad West, Mumbai, which was carried out without adhering to the due process outlined in the BMC's own circular. Justice Milind Jadhav, presiding over the case, described the BMC's actions as 'extremely high-handed' and demanded an explanation for the breach of protocol. The court's inquiry was prompted by a plea from local resident Ashok Kule, who argued that the BMC had issued a notice claiming the structure was unauthorized without allowing him adequate time to respond. The BMC had issued a statutory notice on January 23, 2023, to which Kule responded on January 27, requesting more time due to family bereavement. However, the designated officer proceeded with a demolition order on January 31, 2023, without granting Kule a personal hearing. The court highlighted that the building was over 50 years old and had been censused, yet the BMC acted arbitrarily, ignoring relevant evidence. The court emphasized that the BMC must adhere to its own guidelines, which require prior notice before any demolition. If the BMC fails to provide a satisfactory explanation, the court may order the reconstruction of the demolished structure and impose penalties on responsible officers.
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This ruling reinforces the importance of due process in municipal actions, ensuring that residents are afforded their rights when facing demolition orders.
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