The civic body on Friday faced the Bombay high court’s ire for failing to take penal action against a local legislator after an office space constructed by him illegally was demolished.
The court was hearing a petition filed by Manav Drishti cooperative housing society last year, stating that the NCP MLA, Milind Kamble, in collusion with a builder and another person, used his clout to have an office space built in the car parking area of the society.
In response to the petition, the BMC had issued notice to the MLA in August last year under section 53 of the Mumbai Regional Town Planning (MRTP) Act, stating that the unauthorised structure should be demolished within a month. The structure was demolished on October 12 following court orders.
On Friday, a division bench of justice Abhay Oka and justice SS Jadhav asked the BMC if they were taking penal action against the offenders under section 52 of the MRTP Act. The BMC’s counsel contended that since the structure had been demolished, there was no need for penal action. However, justice Oka pointed out that section 52 is independent of all clauses of section 53.
The court cautioned that it would take appropriate action against corporation officers, after which the BMC official informed the court that it would lodge an FIR in the case and initiate measures under section 52. The petitioner’s lawyer Moin Khan said that under section 52, the offender can face six months imprisonment or fine.