Do Commissioners Have To Beg? Bombay High Court Asks BMC to Clear Fee of Advocate Commissioners Inspecting Protective Grill Over Manholes

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Synopsis

On August 9, the division bench appointed 24 Advocate Commissioners to inspect the protective grills installed by the corporation over the manholes. The 24 Advocate Commissioners were to be paid an amount of Rs. 20,000 by the corporation for carrying out the inspection.

The Bombay High Court on Monday directed the Brihanmumbai Municipal Corporation (BMC) to clear the fees of the Advocate Commissioners appointed by the high court to inspect the protective grills installed by the municipal corporation over the manholes in the city.

The division bench of the high court, comprising Chief Justice Devendra Upadhyaya and Justice Arif Doctor, was informed by the Amicus that the fees of the 9 Advocate Commissioners were pending, and they had also filed an application with the registry.

“Do commissioners have to beg to you? Why has the corporation not paid them?” asked the bench.

Advocate Joel Carlos, appearing for the corporation, informed the bench that the fees of the remaining 15 were cleared and this would be cleared as well.

“The main amount is cleared. Some of them have raised miscellaneous. They will be cleared. 15 are cleared and rest 9 will also be cleared,” Joel responded.

The high court then gave a week to the corporation to clear the fees of the 9 Advocate Commissioners.

The bench was also informed by Ruju Thakker, the petitioner, that there was an incident on 5th December in the news wherein a man had died after falling into a 15-foot-deep pit dug by BMC while trying to avoid an accident with a minor.

" The petitioner has brought to the court one incident of TOI in its Mumbai edition dated 5 December 2023 according to which a scooter rider is said to have fallen into a 15-foot-deep pit as it was not barricaded. We call upon the BMC to seek instruction by the next date," the bench said.

The division bench was hearing a contempt plea filed by Ruju Thakker against the order passed by the High Court in 2018 in a Public Interest Litigation.

The 2018 order was passed by the high court following a plea filed before the high court after a man died due to falling into a manhole during the monsoon season in August 2017.

On August 9, the division bench appointed 24 Advocate Commissioners to inspect the protective grills installed by the corporation over the manholes.

The 24 Advocate Commissioners were to be paid an amount of Rs. 20,000 by the corporation for carrying out the inspection.

The bench will now hear the contempt petition on January 9, 2023.

Case title: Ruju Thakker vs State of Maharastra & Ors