'You've Surrendered Mumbai': Bombay High Court Slams BMC For Appeasing Encroachers; Warns Of Contempt

Wondering if the Brihanmumbai Municipal Corporation (BMC) officials were playing 'Tom & Jerry' with encroachers in the city's plush Hiranandani area in Powai, the Bombay High Court on Thursday questioned if the civic body has become 'powerless' and has 'surrendered' the city to encroachers as it appeared only to be protecting 'sentiments and religious rights.'

For context, the bench was hearing a petition filed by one Beaumont HFSI Pre-primary School, alleging that numerous illegal and unauthorised encroachments by hutment dwellers have mushroomed on the road connecting several school to the Jogeshwari-Vikhroli Link Road (JVLR) in Powai.

On Wednesday (Feb 11), the judges had observed that because of the rising encroachment of public roads, in the coming decade, citizens will have to switch to bicycles and horses.

A division bench of Justice Ravindra Ghuge and Justice Abhay Mantri today criticised the BMC for providing portable toilets and supplying water tankers to encroachers.

The bench was further irked with the civic body's contention that its officers are often 'attacked' when they go on the field to carry out demolition drive. The judges noted that a similar contention was raised in a separate matter regarding non-availability of crematorium in another area of the city.

"Should we say you are powerless and that you are surrendering Mumbai to these encroachers... you don't have the will, courage and desire to take any action... you are busy protecting sentiments, religious rights...You are doing noting but just surrendering the city..." Justice Ghuge orally remarked.

The bench was further irked with the contention of BMC counsel Dhruti Kapadia that the moveable toilets cannot be removed. The bench went on to say that it may issue 'demotion' orders against civic officials for giving such excuses to avoid taking action.

"Firte Shauchalay (portable toilets).. what is this? The officers saying not possible to remove the moveable toilets is unacceptable...You take a clear stand whether you want to clear them or not... We will blast them and order demotion of the officers..." Justice Ghuge observed, while adding, "These toilets are placed on this vehicle, which has a hook in front and can be connected with a truck and can be removed easily... how dare the officers say that they cannot remove the toilets?"

The judges even refused to buy the excuse that officials of the civic body are often attacked by the encroachers when they go to the field to demolish the illegal hutments. The bench questioned the civic body as to why it did not move any petition in the court.

"This is all created by you... You indulged in something called appeasement and thus they are encroaching on public properties... You are encouraging encroachers… they realise that the moment you go and squat on a cement road, corporation is so concerned that they will provide moveable toilets and also provide water tankers… such a good corporation we have… this is all appeasement," the judges remarked.

The bench made it clear that it would initiate contempt of court proceedings or rather 'directly convict the officers' for contempt of court.

"We want the highest officer of that Ward to file an affidavit that they will remove the encroachers tomorrow and if not done, we will straight away convict him for contempt of court… either remove them or surrender before this court for appropriate action," Justice Ghuge made it clear.

The bench also questioned how politicians could visit the encroached areas and install religious statues. It reminded the civic body of the Supreme Court ruling which clearly says that even illegally constructed religious structures need to be removed. The bench indicated that it may end up appointing 'nodal officers' to keep a check on whether the civic officials have acted against encroachers in a given area or not.

The bench also expressed displeasure on Kapadia's claim that soon when officers remove encroachers from one site, they go and squat on some other site.

"We did this in Aurangabad...we appointed nodal officers and on failure to act against the encroachers, we ordered deduction of salaries and even suspension of the officers….You only know how to pass time… On a lighter vein, before we get really angry on the BMC, all this is like that Tom & Jerry show… you remove jerry from here he goes there… you remove them from there they will come here…" the judge said.

The judges also raised concerns over the traffic snarls caused due to encroachment as even wide roads are shrunk to one lane roads.

"Cars are moving like snails… a person can walk faster because there is so much encroachments… We are all humans… everyone of us has to go up someday… date of entry indicates date of exit is also there… in the middle of all this, an endeavour you have to ensure that you have to maintain the city in a better condition so that the next generation says that our previous generations have maintained the city well and not that our previous generations only gave us an encroached city…" the bench expressed.

Accordingly the judges summoned Senior Police Inspector of Powai area and also the Deputy Commissioner of BMC to remain personally present in the court on Friday morning accompanied with an affidavit which should clearly read that the defendants will remove all the encroachers.