MUMBAI: Observing that residents cannot take law into their hands, Bombay HC on Friday directed Kalyan Dombivli Municipal Commission’s (KDMC) commissioner and Thane police commissioner to ensure that demolition of an unauthorised building in Dombivli East takes place.
“…together, the two commissioners must ensure that rule of law prevails and lawful orders of the corporation and this court are not frustrated by rule of the mob,” said a bench of Justices Mahesh Sonak and Kamal Khata. KDMC’s advocate Vaidehi Deshmukh told HC that on July 16 a mob of “200-300 people” at the site “overpowered the corporation’s officials and also 20 policemen”. She said this was “done through political interference”.
A petition was filed by Jayesh Mhatre, owner of the 37,000sqft land, to direct KDMC to enforce its March 9, 2021, order for demolition of Radhai Complex, a ground-plus-seven floor building at Sagaon, which is occupied partly by residents. On July 5, HC recorded KDMC’s statement that demolition was scheduled to take place 11 days later.
The petitioner’s advocate, Suhas Deokar, said the affidavit of KDMC’s assistant municipal commissioner mentions that “they were BJP workers”. Deshmukh said it was “their chaos and ruckus [that] disturbed the demolition”. HC said from the affidavit and photographs, “we find that lawful orders issued by the corporation and the writ issued by us to enforce those lawful orders are sought to be frustrated by the residents after taking law in their own hands.” “This is not acceptable,” it added. HC then said it would direct both civic and police commissioners to oversee the demolition.
The judges declined to entertain an intervention application filed by five occupants/flat purchasers. Their advocate, Kalpesh Jadhav, said they were not part of the mob. Further, KDMC did not issue proper notices before making demolition orders, he said, adding that no notice was also issued to the developer. The judges said these contentions are “absolutely vague”. “In any case, as long as the corporation’s demolition orders has not been stayed or set aside by any competent court of law, its execution cannot be thwarted by mob rule or by some of the occupants threatening suicide”.
The judges also said that the Thane police commissioner must initiate an investigation into the FIR filed by KDMC’s assistant municipal commissioner and “act in accordance with law against those obstructing the lawful processes”.
They directed both civic and police chiefs to file compliance reports by Aug 12. The reports “must [provide in] detail not only implementation of the corporation/court orders but also provide a status report on the action taken, if any, against those obstructing such enforcement by using physical force”.
