Authority of The High Court Runs Above MLAs: Bombay High Court

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Synopsis

The high court came down heavily on the authorities for referencing a letter by an MLA that said that the project should proceed. The bench said that appropriate action would be taken if there is interference with the orders of the court.

A division bench of the Bombay High Court comprising Justice GS Patel and Justice Neela Gokhale recently remarked that the authority of the high court runs above that of MLAs.

"We will not permit interference with orders of this Court by anyone, whether MLA or any other political entity. The authority of this Court runs above the that of MLAs. Any attempt to interfere with implementation of orders of this Court will be seen as interference with the administration of justice and will be dealt with accordingly," the court remarked.

The remarks were made by the high court while hearing a plea filed by one Gyan SP Developers LLP against the Tahsildar of Slum Rehabilitation Authority. 

The high court in its order noted that after every attempt to stall the demolition of the slum structures failed, the opposition had come in the form of a notice from all entities including the Pest Control Officer, K/East Ward of the MCGM, stating that the demolition cannot proceed. 

The bench further observed that there was a reference to a letter from an MLA saying that the project should not proceed. 

The high court then went ahead with quashing and setting aside the notice issued by the Pest Control Officer and noted that the clearance of the site would proceed and the slum structures will be removed.

Advocate Jagdish G Arawad appearing for the Tahsildar and SRA informed the court that the demolition was fixed for 4th July at 12.00 noon. 

The division bench directed the Jogeshwari Police Station to deploy a sufficient number of male and female personnel on the site to assist the SRA. 

The bench will hear the matter on 5th July for compliance.

Case title: Gyan SP Developers LLP vs The Tahsildar 1 (Special Class), SRA