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‘A message loud and clear’: Here’s why Bombay High Court imposed costs of Rs 11 on two senior BMC officials

Municipal authorities must act on court orders promptly, the Bombay High Court observed while hearing the matter pertaining to unauthorised construction.

bombay high court bmc officials fine unauthorised constructionThe petitioners had to approach the Bombay High Court due to inaction on the part of the BMC, the court noted. (Image generated using AI)

Bombay High Court news: The Bombay High Court recently imposed costs of Rs 11 each on two senior officials of the Brihanmumbai Municipal Corporation (BMC) for delaying action against a ward officer who had failed to act on an unauthorised construction.

The bench of Justices Ravindra V Ghuge and Abhay J Mantri observed that the costs need to be imposed to send a message to the corporation that the orders of every court should be acted upon promptly.

Bombay high court Justices Ravindra V Ghuge and Abhay J Mantri Justices Ravindra V Ghuge and Abhay J Mantri heard the matter on February 9.

“In order to ensure that the message goes out loud and clear to the Corporation that the orders of every Court should be acted upon with promptitude, we are imposing costs of Rs 11/- (Rs Eleven only), to be paid by Mrs Chanda Jadhav, Deputy Municipal Commissioner (Zone-I), and by Dr Ashwini Joshi, Additional Municipal Commissioner (City), from their respective salary accounts,” the order dated February 9 read.

What was the case?

  • On December 23, 2025, a division bench of the Bombay High Court came down heavily on the BMC, observing that the case was “one more example” of the Municipal Corporation of Greater Mumbai “practically ignoring the order of the High Court and showing scant respect.”
  • The bench referred to an order passed by a single judge on August 5, 2024, which recorded that the corporation had initiated action against an unauthorised structure and that the aggrieved party could adopt remedies if the corporation’s order was adverse.
  • However, when the matter was examined, the court found that although a “speaking order” dated August 10, 2024, had been passed, no further steps had been taken to demolish the structure as indicated in the operative portion of that order.
  • Expressing displeasure, the court directed the assistant commissioner and designated officer of ‘A’ ward, to remain personally present and explain his conduct.
  • On December 24, 2025, after the officer, Jaydeep More, appeared in court and no satisfactory explanation was offered for the inaction, the bench directed the municipal commissioner to initiate appropriate action against him for failure to discharge his duties.

Court’s observations

  • When the matter came up again on February 9, 2026, the bench made the following observations:
  • The advocate appearing for the corporation produced the original file before us. She had prepared a report for transmission of the order dated December 24, 2025 (directing action against the officer) on December 26, 2025.
  • On December 30, 2025, the file was dispatched to the deputy municipal commissioner (zone-I), who merely signed the order on January 8, 2026 (nine days later).
  • Thereafter, the file reached the additional municipal commissioner (city), who signed the same on January 27, 2026 (19 days later).
  • The municipal commissioner promptly passed an order on January 28, 2026, directing the issuance of a show-cause notice.
  • We appreciate the expediency shown by the Municipal Commissioner, and the advocate. However, we find that the matter was delayed on account of delayed action at the desks of the deputy municipal commissioner (zone-I) and the additional municipal commissioner (city).
  • We have recorded in our order dated December 23, 2025, that municipal corporations are taking the orders of the high court casually and are not initiating action.
  • In this case, the single judge had noted that the corporation had initiated action. Due to inaction on the part of the corporation in taking the action to a logical end, the petitioners had to approach this court.
  • The same corporation, within a span of six months, has overlooked the orders of both the single judge as well as the division bench.

Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More

 

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