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This is an archive article published on July 24, 2004

Compensate for bandh: HC

The Bombay High Court today ordered the Shiv Sena-BJP combine to pay Rs 20 lakh each to the city of Mumbai, for calling a bandh and causing ...

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The Bombay High Court today ordered the Shiv Sena-BJP combine to pay Rs 20 lakh each to the city of Mumbai, for calling a bandh and causing ‘‘hardships to lakhs of people’’.

‘‘This is a fit case where the Shiv Sena-BJP should be directed to pay exemplary damages to the lakhs,’’ observed the court. Last year, the combine had called for a Mumbai bandh on July 30, to protest the string of bomb blasts. They claimed that it was a spontaneous gesture of the people.

But a group of NGOs and other leading citizens of Mumbai — Gerson da Cunha, Alyque Padamsee and B.G. Deshmukh — filed a Public Interest Litigation in the HC, asking for a penalty for the combine. They estimated the day-long bandh had cost the city a loss of Rs 50 crore.

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The HC instructed that the money should be kept in a separate account that would be dedicated towards a separate fund that would be utilised to provide services to the citizens of the city. Taking strong exception to the bandh, the bench rejected the contention of the combine that the strike was a spontaneous gesture by the citizens of Mumbai to protest the blasts in the city. ‘‘The bandh violates the fundamental right of the citizens,’’ observed the bench. Especially causing hardship to the lakhs of daily wage earners and lakhs of others whose income was affected.

While there was no factual data available to ascertain the cost suffered by citizens, the court felt that ‘‘there was no dispute that the loss suffered by the city was in crores of rupees’’. The city was considered to be the financial capital of the country and the damage was substantial.

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