Thane: MSHRC sends notice to TMC over missing compound wall around reserved playground

Thane: The Maharashtra State Human Right Commission (MSHRC) has sent a notice to the Thane Municipal Corporation (TMC) chief over failing to construct a compound wall on a reserved playground.

The MSHRC Thane division bench comprising Justice KK Tated (chairperson) and MA Sayeed (member) took suo motto cognisance on June 15, 2022, with respect to the news article appearing in Nav Bharat Times, the Free Press Journal and other newspapers against the TMC for failing to take necessary action. The court had taken notice of a write-up about children donating money from their piggy banks to the TMC commissioner for the construction of the compound wall.

Commission slams civic body

The commission stated it is surprising that small children have to put together the amount to maintain the playground. It observed that it is the duty of the civic body to oversee such things but it failed and neglected doing so. Now, the TMC commissioner will have to appear before the commission in person and submit a response in writing, along with relevant documents pertaining to the complaint.

Earlier, the MSHRC filed a suo moto case against the TMC. In its proceeding, the commission had taken on record the affidavit filed and signed by TMC Dr Vipin Sharma. Based on the submission made by the TMC advocate, the commission raised five points:

What is the area reserved for the playground?

Area TMC received from the owner?

TDR granted to the developer and for what portion of land?

Why is there a delay by the TMC in developing the playground?

All documents pertaining to handing over posession of the land to be placed on record

On September 20, 2022, the TMC commissioner through his advocate, submitted his written affidavit signed by him. After going through the affidavit, the commission passed an order that it was not satisfied because the true facts have not been disclosed. As a last chance, the MSHRC granted time till October 14, 2022, to file an additional affidavit disclosing all material facts as discussed before the commission. On October 14, the complainant in the present petition, Kasber Augustine submitted a detailed response regarding the issue in question.

The commission in its order has stated that during the course of the hearing, certain glaring facts regardingthe area of land acquired by the TMC were raised. The advocate for the civic body has undertaken to clarify this issue by the next date of hearing. The commission meanwhile, has directed Mr Augustine and the TMC advocate to exchange all their counter pleadings so that the matter can be taken for final hearing. The matter is now set to appear before the court on December 2, 2022.