Imposing a fine of Rs 1 lakh on a BMC assistant engineer for not complying with its order in time, the Bombay High Court on Thursday asked the official to donate the amount from his personal funds to NGO Society for Rehabilitation of Crippled Children.
A division bench of Justice S J Kathawalla and Justice B P Colabawalla was hearing a plea by an aggrieved stall owner from Kalina who had challenged a letter issued by the BMC in April, 2018, asking him to remove a structure (shop) that he was occupying within 24 hours.
The BMC, however, went on to acknowledge that the said structure was eligible for allottment at the non-residential premises in Indian Oil Nagar, Govandi. The petitioner had sought from the HC directions to the BMC to allot him the shop within Kalina.
In an earlier hearing, noting that as the structure had been demolished before the writ petition was filed, the HC had said “there is nothing left to challenge” in regard to the BMC letter.
In reference to an alternate shop be allotted in Kalina, the BMC had told the court that it has received petitions and needs to issue notices and conduct personal hearings regarding the matter.
Noting these submissions, the HC had ordered BMC to complete the exercise within eight weeks.
However, when the case came up for hearing on Thursday, BMC counsel said that Assistant Engineer Rishikesh Pawar has not taken any steps in the matter.
Following this, the court directed Pawar to pay a fine of Rs 1 lakh to the NGO.
On Friday, after BMC informed that Pawar has transferred the fine amount to the NGO, the court said there is no need to take further action against him for lapse and posted the hearing for compliance on February 20.
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