Supreme Court issues contempt notice to BMC commissioner over encroachments

The Supreme Court has directed the Maharashtra government and the Brihanmumbai Municipal Corporation (BMC) not to release the salary of municipal commissioner Ashwini Bhide or her personal staff until a contempt petition over the removal of encroachments from a Borivali plot is decided.

The court also imposed costs of Rs 5 lakh on the civic body and issued a contempt notice to Bhide, asking her to explain why proceedings should not be initiated against her for failing to comply with earlier directions.

The case concerns a 3,400-square-metre plot in Borivali East earmarked for a Brihanmumbai Electric Supply and Transport (BEST) bus yard, reported The Hindustan Times.

On July 28, the Supreme Court had directed the BMC to clear encroachments from the land within three months and submit a compliance report.

However, the civic body approached the court on Tuesday, November 3, seeking an additional four weeks to complete the eviction process.

The BMC cited proceedings initiated by the occupants in a civil court and said it needed additional time to translate documents filed in Marathi into English.

A bench headed by Chief Justice of India Surya Kant, along with justices Joymalya Bagchi and V Mohana, rejected the request.

The bench observed that the civic body had failed to comply with its earlier directions and questioned whether officials were acting in collusion with those occupying the land.

The court said there had been “complete, deliberate non-compliance” with its order and directed that Bhide explain why action should not be taken against her.

The contempt petition was filed by M/s Parag Constructions, the owner of the plot. The company’s counsel argued that the BMC had been permitted to proceed with eviction and demolition in the absence of a stay order from the civil court.

The dispute has delayed the proposed bus yard, which is intended to provide public transport infrastructure in the Borivali area.

The latest order places fresh pressure on the BMC to comply with the court’s directions and remove the encroachments.