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This is an archive article published on October 5, 2019

Bombay HC rejects Shiv Sena corporator’s petition, slaps costs

Jadhav had sought direction for calling papers and proceedings related to the Tree Authority’s August 29 resolution on the removal of trees, and after examining its “legality and propriety thereof be pleased to quash the same”.

bombay high court, msrtc bus accident compensation, mumbai news, indian express The court granted Bagwan bail on a personal bond of Rs 2 lakh.

Rejecting Shiv Sena corporator and Standing Committee chairman Yashwant Jadhav’s petition to examine and quash the Tree Authority decision allowing the felling of 2,185 trees and transplantation of another 460, the Bombay High Court Friday said his plea was “sheer voyagerism” and imposed a cost of Rs 50,000 on him.

Jadhav had sought direction for calling papers and proceedings related to the Tree Authority’s August 29 resolution on the removal of trees, and after examining its “legality and propriety thereof be pleased to quash the same”.

His advocate Rakesh Kumar Singh had argued that adequate time was not granted to prepare a 986-page report for the meeting to decide the felling of trees. His petition was accompanied with statements of two other corporators who had walked out of the meeting.

On Jadhav’s plea, the bench of Chief Justice Pradeep Nandrajog and Justice Bharati H Dangre said 622 of the 986 pages were simply a list of the number of trees with their details on the 33-hectare land for the proposed car shed. Thus, the number of pages to be read was only 364. “Surely, from 24th till 28th August 2019, there being five days intervening the date of the notice and the date of the meeting, were enough,” the bench said.

The court said it was “sad” to note that two members, Jagdish Kutty and Sushama Kamlesh Rai, who had walked out of the meeting and were not present at the time of voting, filed a joint affidavit to support their colleague Jadhav by deposing that the resolution finally passed was a “farcical voice” vote.

“If they were not present at the voting, the question of the two asserting a fact/event having taken place in their presence is a false assertion. The pleadings being on oath made before a court in judicial proceedings would attract the offence of perjury, but we leave it at that with the hope and belief that representatives of the citizens of this country would discharge their duties faithfully and honestly and not play partisan games in a court of law,” the bench said.

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