Surat municipal commissioner Shalini Agarwal tenders apology before Gujarat HC for overreaching court process
The court had said despite the matter’s pendency before the High Court implying a status quo on possession, the municipal commissioner had justified her action as being “a matter of discretion” and that the same “doesn’t amount to overreaching the process of law.”
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The court was hearing applications moved by aggrieved meat vendors and associations in Gujarat over the closure of their establishments for reasons such as selling unstamped meat, selling meat in unhygienic conditions or through unlicensed shops etc.
(Express Photo) Surat Municipal Commissioner Shalini Agarwal Monday tendered an unconditional apology to the Gujarat High Court for overreaching the process of the court in a petition concerning a dispute over the implementation of a town planning scheme in the Limbayat area of the city.
The court of Justice Nirzar Desai recorded Agarwal has “tendered an affidavit of apology as well as has obeyed the earlier order of the court, and it has been submitted that now the possession with respect to the final plot no 10 of Limbayat town planning scheme has been restored.”
“In view of that, an aforesaid affidavit dated March 4, 2023, is taken on record. The matter in respect of any action about disrespect to the court or overreaching the process of law is put to rest,” the court added.
The court had taken objection to the municipal commissioner’s action where those possessing a plot were dispossessed after the commissioner’s order, and the land was handed over to another person, despite the matter being pending before the Gujarat HC.
The court had said despite the matter’s pendency before the High Court implying a status quo on possession, the municipal commissioner had justified her action as being “a matter of discretion” and that the same “doesn’t amount to overreaching the process of law.”
Justice Desai earlier had observed that it was “disturbed by the way in which SMC, as court prima facie believes, has acted as if SMC is an agent” of the private parties whom it had handed over the possession from the original owner who was already in possession of the plot.
The court on March 1, following SMC’s action, had directed Agarwal will have to remain present before it on the next date of hearing with an affidavit of an apology. The court had remarked that such actions by the commissioner “sends wrong signals to the people at large”.
Justice Desai had further remarked, “Even before the returnable date, the reply is filed, possession is taken over and thereafter when it is brought to the notice of the commissioner, commissioner says it’s a matter of discretion and it doesn’t amount to overreaching the process of law…otherwise what will happen is this institution will just become a farce. Everyone will approach the commissioner or the officer even before the returnable date, to get things done.”
The court had remarked orally, addressing the counsel for SMC, “That IAS officer thinks she is above the court. She has the audacity to say that it’s a matter of her discretion and does not amount to overreaching the process of the court. If that is so, that air will be punctured.”
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