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Contempt notice to BMC commissioner on not demolishing illegal construction

The petition seeking her disqualification pleaded that the husband of the corporator had built the outhouse of their bungalow – Kunj Vihar -- illegally and converted into a commercial showroom, without the requisite.

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The Bombay High Court on Monday issued a show cause notice to the Brihanmumbai Municipal Commissioner (BMC), Ajoy Mehta, asking why criminal and civil contempt action should not be initiated against him, for failure to comply with a court order, directing demolition of anillegal structure in Vile Parle.

A division bench of Justice Abhay Oka and Justice C V Bhadang had in June directed the corporation to demolish the illegal construction, done by Mehul Vora, husband of Congress corporator from Vile Parle, Binita Vora, at their residence. The court had also asked the civic chief to pursue proceedings in regards to her disqualification before the small cause's court.

Advocate Sagar Rane appearing for the petitioner Jitendra Janawale, said "The demolition was to be carried out in six weeks time, August 1, was the last date. However, the corporation regularised the illegal structure just two days before the deadline for demolition expired."

Irked by this, Justice Oka said, "We are issuing show cause notice to the civic body commissioner asking him why criminal and civil contempt action should not be initiated against him for failure to comply with court orders. As this is nothing but breach of our orders." The court has now posted the matter for further hearing on November 18, by when the civic chief will have to file his reply.

Under section 16 (1D) of the Mumbai Municipal Corporation Act, a councilor who builds by himself or his/her spouse or dependent builds an illegal structure and is directly or indirectly responsible, shallbe disqualified.

The petition seeking her disqualification pleaded that the husband of the corporator had built the outhouse of their bungalow – Kunj Vihar -- illegally and converted into a commercial showroom, without the requisite.

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