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Synopsis

The Bombay High Court recently observed that the Brihanmumbai Municipal Corporation (BMC), being the richest corporation in the country, cannot act arbitrarily.

"The BMC, which is the richest municipal corporation in the Country, cannot act arbitrarily and completely ignore the plight of the petitioner whose house they demolished in November 2017," the order states. 

The division bench of the high court, comprising Justice M.S. Sonak and Justice Kamal Khata, was hearing a petition filed by a man whose house was demolished by the BMC in 2017.

The petitioner contended that he was neither paid any compensation nor given any benefit under Permanent Alternate Accommodation.

The counsel appearing for the BMC submitted that it was in the process of providing alternative permanent accommodation to the petitioner and that it would be done soon

The counsel appearing for the petitioner submitted that the petitioner was given accommodation in the Mahul and Ambapada areas, but the high court in another petition had previously stated that persons who were forced to accept accommodation in those areas should be provided housing elsewhere due to the problem of air pollution in that area.

In the other petition, the high court also said that until the accommodation was provided, the persons should be paid Rs. 15,000 per month as transit rent with a security deposit of Rs. 45,000.

While directing the BMC to pay Rs. 10,000 compensation per month to the petitioner, the bench said that,

"Even without referring to the decision dated 23 September 2019, we think that the BMC cannot claim that it is presently not in a position to offer PAA and will not pay any rent or compensation in lieu of the said PAA. At least, prima facie, such contention will Involve infringement of Articles 14 and 21 of the Constitution of India," the order reads. 

Case title: Mohammed Javed Shaikh vs MCGM & Ors