Mehta will have to personally explain why action should not be initiated against him for defending the BMC in legal matters in a casual manner
Irked by the 'casual' approach of the Brihanmumbai Municipal Corporation (BMC) in filing its replies on cases filed by tenants of dilapidated buildings, the Bombay High Court has summoned municipal commissioner Ajoy Mehta to appear before it on September 8.
Mehta will have to personally explain why action should not be initiated against him for defending the BMC in legal matters in a casual manner.
A division bench of Justice BR Gavai and Justice MS Karnik in an order on September 1 said, "Possibility cannot be ruled out that a building which is a subject matter of the petition in this court, and wherein an interim protection is granted, may collapse leading to further casualties. Only on account of casual approach of the MCGM, in not filing reply promptly, such matters cannot be decided."
The court added, "Corporation engages senior counsels to defend petty matters, whereas the matters which concern interpretation of statutory provisions and the orders passed in such matters would eventually have a bearing on the fate of number of buildings that are left to be defended by the lawyers who are employees of the Corporation."
Expressing displeasure at the approach of the civic body, the bench said, "We see that the Corporation is being defended in a most callous and casual manner. Today, itself we have noticed that on account of a building collapse which was in dilapidated condition, dozens of persons have died and dozen others seriously injured. Day in and day out we come across various matters pertaining to buildings in dilapidated condition, wherein the matters cannot be decided on account of the Corporation not filing its reply within time."
The order summoning the civic chief was issued by the High Court while it was hearing a petition pertaining to a dilapidated tenement filed by Kurla resident Vijay Manthena. The court has previously, too, reprimanded advocates representing the civic body for not filing replies or affidavits to petitions promptly and seeking adjournments.
Last month, while hearing a petition filed by a developer challenging an order passed by the National Green Tribunal, it said, "We may take judicial notice of newspaper report which was published about two years back wherein it was reported that the MCGM is spending hundreds of crores on legal fees paid to the lawyers. We have noticed that even in petty matters concerning demolition of unauthorised structures, the services of senior lawyers are engaged. However, in cases like the present that involve complicated issues, interpretation of laws and so, we find that BMC is being defended by a lawyer who is an employee of the corporation."
It had then asked the Municipal Commissioner to file an affidavit explaining the logic behind policy of the corporation in engaging services of senior counsels in petty matters and leaving important matters to be defended by lawyers who are employees of the corporation.
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