Now Reading: Bombay HC raps civic chief for obeying MLA over court order
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Bombay HC raps civic chief for obeying MLA over court order
The Bombay High Court has issued a show-cause notice to Mira Bhayandar Municipal Corporation (MBMC) Commissioner Radhabinod Sharma for disobeying its stay order after civic officials acted on a letter from BJP…
The Bombay High Court has issued a show-cause notice to Mira Bhayandar Municipal Corporation (MBMC) Commissioner Radhabinod Sharma for disobeying its stay order after civic officials acted on a letter from BJP MLA Narendra Mehta and issued stop-work notices to a developer. The court was hearing a contempt petition filed by Grandbuild Land Developers LLP, which is constructing residential towers and a school on reserved land in Bhayandar.
Acting Chief Justice Ravindra V Ghuge and Justice Gautam A Ankhad orally reprimanded the commissioner, asking whether an MLA is above the High Court. The court had on April 27 restrained MBMC from taking adverse action against the developer, but civic officials issued stop-work notices on May 4 and June 3, citing Mehta's letter. The commissioner later apologised, claiming ignorance of the stay order, and assured the court that the notices would be withdrawn.
The court directed MBMC to inform the Maharashtra Real Estate Regulatory Authority (MahaRERA) about the withdrawal within a week. The developer's counsel, senior advocate Birendra Saraf, sought deferment of strict contempt action. The court issued a simple show-cause notice, asking the commissioner to explain his actions on affidavit.
Indian Opinion Analysis
The core of this case is whether a municipal commissioner can be held individually liable for contempt when he claims ignorance of a judicial order. Courts have consistently held that officers of the state must know the law, and ignorance is rarely accepted as a defence. The key question now is what the commissioner's affidavit will say: if he admits knowledge, he faces stricter action, if he maintains ignorance, the court may examine internal MBMC communication records. The next hearing will determine if this remains a show-cause or escalates to punishment, which could include a fine or even imprisonment under the Contempt of Courts Act. The amount at stake for the developer runs into crores, with project accounts frozen by MahaRERA.
Source: barandbench.com
This story was synthesised by AI from the source linked above.
