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Synopsis

The Bombay High Court has recently reprimanded the Brihanmumbai Municipal Corporation (BMC) for failing to align a Development Plan (DP) Road, despite a directive issued by the Chief Minister of Maharashtra.

“Moreover, its even more disturbing to note that even directions issued by the Hon’ble Chief Minister are not being adhered to and with utter callousness have been disregarded by the Officers of BMC. We wonder whose instructions do the BMC follow?” the order reads.

The division bench of the Bombay High Court, comprising Justice A.S. Gadkari and Justice Kamal Khata, was hearing a petition filed by Pentecostal Mission Society & Ors, who submitted that they were supposed to be allotted a plot but were subsequently refused by the BMC.

The petitioner had made a representation to the Chief Minister of Maharashtra, who, on May 16, directed the BMC Commissioner to examine the matter and submit a proposal “forthwith.”

The petitioner later made another representation to the Chief Minister on August 10, 2023, after which the CM directed the Principal Secretary of the Urban Development Department-1 to submit “proposal-A.” However, 14 months after the CM’s initial directive, no action had been taken.

The BMC informed the high court that it was initially unaware of the Chief Minister's directive. However, the BMC later told the bench that the Commissioner had marked the communication to the Additional Municipal Commissioner (P) and the Chief Engineer (DP).

The bench then directed the Principal Secretary of the Urban Development Department to file a detailed affidavit indicating whether the court’s order had been brought to the Chief Minister's attention and his response.

The bench also asked the Principal Secretary to address whether such conduct of the Officers of BMC should be tolerated, more so when directions issued by the Chief Minister of our State are blatantly and with impunity flouted.

Case title: The Pentecostal Mission Society & Ors. vs MCGM