After Bombay Stock Exchange (BSE) received interim relief on June 27 when the city civil court granted a stay on a notice served to the institution by BMC,the legal officer arguing the civic bodys case has been served a showcause notice.
According to a recent amendment,lower courts do not have the authority to grant stays on BMC demolitions. Our legal officer arguing our case should have been aware of this and brought this to the courts attention. For not performing his duties,we have issued a show cause notice to the legal officer and levied a fine. We have also cut the increment pay for the officer. said additional municipal commissioner Mohan Adtani,in-charge of the civic legal department.
On June 27,the city civil court granted a temporary injunction to BSE against BMCs scheduled demolition of alleged illegal alterations in the stock exchange building. According to civic officials of A-ward,the alterations in the building have existed for years. A detailed check conducted recently found that makeshift structures were built on floor 3,13,26 and 28 and a seven-day notice to get rid of these structures was served to the stock exchange on June 21.
BSE,however,dragged the corporation to court as no proper document proof of the alleged alterations had been submitted. Civil court judge K R Deosarkar has granted relief till the time BMC files documents specifying the irregularities seen inside. We are going to file an appeal in the HC against the city civil courts order. This is in accordance with the recent amendment, Adtani said.
A recent amendment in the Mumbai Municipal Corporation Act of 1888,allows the civic body to demolish illegal structures without intervention by way of stay orders obtained from the city civil court. Only the High Court and the apex court has the power to stay the corporations demolitions. The amendment was made to restrict the use of this method to delay scheduled demolitions of illegal structures in the city.