A division bench of justice Abhay Oka and justice CV Bhadang directed petitioner Jitendra Janavale to submit a copy of the order to the civic commissioner, who has been directed to take appropriate action within six week.
The Bombay High Court has directed the municipal commissioner to initiate proceedings to decide whether a woman municipal councillor, Binita Vohra of the Congress, should be disqualified from her post as her husband had carried out illegal constructions in 2010.
A division bench of justice Abhay Oka and justice CV Bhadang directed petitioner Jitendra Janavale to submit a copy of the order to the civic commissioner, who has been directed to take appropriate action within six week. The commissioner will have to act under Section 18 of the Mumbai Municipal Corporation Act by referring the case for further decision before a small causes judge, who would ascertain whether Vohra should be disqualified or not, as she has raised doubts on whether she should be disqualified.
As per the petition filed by Janavale, who claims to be a social worker, Vohra's husband Mehul had carried out illegal alterations to his property located in Vile Parle. On the same being brought to the notice of the Brihanmumbai Municipal Corporation (BMC), he was served with a demolition notice, which was challenged in the city civil court after the court refused to grant any interim relief. Mehul removed the illegal constructions on his own. Later, he applied for permission to regularise part of the structure and also sought a change of user.
Advocates Raju Moray and Sagar Rane, appearing for Janavale, argued before the court that since it is not in dispute that Mehul is Vohra's husband and has admitted to having carried out the illegal construction, Vohra should be disqualified as per the corporation act.
The court has also directed the civic body to verify the present status of the illegal construction, adding that if it still remains, then action should be taken forthwith to demolish the structure. The court has directed the corporation to file a compliance report on the same by August 9.
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