Mumbai Suburban Collector's Conduct Borders On Contempt: Bombay High Court On Delay In Crematorium Reconstruction
Live LawThe Bombay High Court on Thursday pulled up Mumbai Suburban District Collector Nidhi Chaudhari for not complying with its direction to reconstruct a decades-old crematorium on Erangal Beach in Mumbai. The court said that the delay of 10 days in writing to BMC, if at all it was needed, has not been explained even though the court had directed the Collector to take immediate steps for reconstruction of the crematorium. The court noted that the Collector wrote to Slum Rehabilitation Authority on 31 October, 2022 to obtain permission from the Maharashtra Coastal Zone Management Authority for reconstruction of the crematorium. "This has appeared to us to be strange and surprising because the order dated 29th September 2022 does not stipulate obtaining of any such permission as a pre-condition since the crematorium, prior to being dismantled, was in existence before coming into force of CRZ Notification dated 19th February 1991 imposing restrictions and also because the direction for reconstruction was made bearing in mind the maxim actus curiae neminem gravabit", the court said.
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