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Synopsis

The Bombay High Court has reprimanded the Brihanmumbai Municipal Corporation (BMC) for defrauding the court by failing to construct a road, despite assurances made by BMC officers over the past nine years.

The division bench, comprising Justice A.S. Gadkari and Justice Kamal Khata, observed that this is a "classic case" demonstrating how BMC officers have misled the judiciary.

“The case in hand is a classic example, as to how Officers of the Respondent-Municipal Corporation of Greater Mumbai now Brihanmumbai Municipal Corporation (BMC), have disgracefully deceived the Judicial System,” the order reads.

The high court was hearing a petition filed by Jeevan Apsara Co-op Housing Society Ltd., which sought a directive for the construction of a Development Plan (DP) road. On 13 October 2015, the high court directed the BMC to construct the DP Road.

On July 13, 2017, Inderjit Basankar, Sub-Engineer (Maintenance), K/W Ward, had made a formal statement to the court, pledging that the D.P. Road would be constructed within six months from that date. A similar assurance was repeated on December 9, 2021.

However, on September 25, 2023, the advocate for the MCGM reiterated that the planned road would be developed and constructed by the Municipal Corporation in accordance with all relevant guidelines, standards, and specifications within a reasonable timeframe. Despite these commitments, the road remains unconstructed.

On October 15, the counsel for the BMC informed the court that there was no D.P. Road and argued against the court recording any direction for its construction.

The bench in its order directed the commissioner of MCGM to file a reply and noted that it was extremely peeved with the BMC and thus would like to record our displeasure.

“..we deem it appropriate to bring the sorry state of affairs at the end of the Officers of the MCGM to the kind notice of the Commissioner of the MCGM for adopting appropriate remedial measures in that behalf. We therefore are left with no other alternative but to direct the Commissioner of the MCGM to file his detailed Reply-Affidavit to the Petition, placing on record, why the solemn statements made before this Court from time to time and directions of the Court are not complied with by all the concerned Officers, making mockery of the judicial system,” the order reads.

Case title: Jeevan Apsara Co-op Housing Society Ltd & Ors vs BMC