Pay ₹5 lakh to shop owner for illegal demolition: HC to BMC
Hindustan TimesMUMBAI: The Bombay high court has directed the Brihanmumbai Municipal Corporation to pay ₹5 lakh to a Santacruz resident for demolishing his shop in Kalina in violation of restraining orders from the same court. HT Image The division bench of justices MS Sonak and Kamal Khata on Wednesday said the three officers – assistant commissioner of H-East ward Alka Sasane, deputy engineer Pravin Pargane and assistant engineer Kartik Gandhi – had “willfully and intentionally disobeyed” the court’s order dated August 2, 2017 and rejected the explanation offered by them as “frivolous”. The bench noted that the 75-year-old shop owner was forced to institute multiple legal proceedings in a desperate bid to protect his premises despite the court’s August 2017 order restraining the BMC from demolishing the shop. “The role of the police is to uphold and protect the rights of the petitioners, rather than to misuse their powers to arrest individuals who have sought redress for alleged illegalities and wrongful actions by BMC officers,” said the court, directing the Mumbai police commissioner to take suitable departmental action against the concerned officers.