HC sets up panel to ensure accountability in BMC

Last week, on July 16, the court noticed that some commercial units and a few residential units in the building had been occupied even though construction was incomplete. The court said it was shocked that no occupancy certificates had been issued to the occupants

MUMBAI: The Bombay High Court on Friday set up a two-member committee comprising Justice (Retd) GS Patel and senior advocate Naushad Engineer to suggest measures that would introduce transparency and accountability into the functioning of the Brihanmumbai Municipal Corporation (BMC). The order was delivered after the court found glaring illegalities relating to criminal prosecution for illegally occupying tenements.

Mumbai, India - September 03, 2021: Bombay High Court at Fort, in Mumbai, India, on Friday, September 03, 2021. (Photo by Anshuman Poyrekar/Hindustan Times) (Anshuman Poyrekar/HT PHOTO)

A division-bench of Justice GS Kulkarni and Justice Arif Doctor passed the order on a petition filed by a Mumbai resident, who alleged that shops and residential units had been occupied in an under-construction building in Dadar West, without obtaining occupancy certificates.

Samartha Krupa, a cessed building at the junction of Gokhale Road and Ranade Road, had been under redevelopment by Shree Swami Constructions since 2012 but was abandoned by the developer in 2017. The developer then approached the local civic office for partial occupancy certificates for certain portions that it was able to develop. The application was rejected.

Sameer Patil, a tenement owner in the building, approached the high court in 2017, claiming that not only was there considerable delay in completing the construction, there were several illegalities in the project as well.

Last week, on July 16, the court noticed that some commercial units and a few residential units in the building had been occupied even though construction was incomplete. The court said it was shocked that no occupancy certificates had been issued to the occupants.

The court then ordered the officers of the local civic office to submit an affidavit, explaining the correct position and what action had been taken against the errant occupants.

The replies revealed that 12 of the 14 commercial units had been occupied without an occupancy certificate. Notices to vacant the premises were sent to the occupants on July 17.

However, what the court found even more shocking was that, although the local body had initiated criminal prosecution against the occupants of certain residential units, that is, those who had occupied the units without documentation, they had been acquitted by a trial court on the ground that the inspecting officer lacked documentary evidence to link the accused to the crime.

The high court judges found this alarming and directed that a special committee be constituted to suggest remedial measures to the municipal commissioner.

“Such committee would make recommendations to the municipal commissioner in regard to the bulk of litigations, as to how it is being generated and/or can be avoided, its nature vis-a-vis different wards and the officers who are seen to have failed in their duties and become responsible for generation of such litigation. In this regard, corrective measures can be suggested by the said committee so as to have a robust litigation policy,” the court observed while constituting the panel.