Mumbai: Irked over “political interference” in delaying demolition of slum structures in Jogeshwari for an SRA project, the Bombay High Court has warned that any such “attempt to interfere in the court orders will be seen as interference in the administration of justice and will be dealt with accordingly”.
A division bench of Justices Gautam Patel and Neela Gokhale made the observation while hearing a petition by Gyan SP Developers seeking direction to the Slum Rehabilitation Authority (SRA) to go ahead with demolition in slums in Jogeshwari East for a redevelopment project. The developer alleged interference by an MLC which was delaying the demolition.
Court had directed SRA to demolish 11 structures
The project has faced several hurdles with the slum dwellers refusing to vacate the premises and opposing the demolition. On June 20, the HC had directed SRA to demolish 11 structures under police protection after they refused to vacate the premises despite assuring the high court and agreeing to accept transit rent.
The developer again approached the HC after the SRA failed to demolish 18 other structures following a notice from the Pest Control Officer, K/East Ward of the BMC. The notice alleged that the demolition work was generating debris and causing accumulation of water. The developer denied the claim saying the debris was of the metro work being carried out in the area.
Counsels for the developers SU Kamdar and Cherag Balsara showed a letter by BJP MLC Pravin Darekar to Deputy Chief Minister Devendra Fadnavis alleging the developer had not followed process of law before eviction action against the slum dwellers.
'Demolition should not proceed'
“The action of the authority has to be commended for sheer insentiveness. After every attempt to stall demolition of the slum structures failed, the latest opposition comes in the form of a notice from the pest control officer saying that the demolition cannot proceed,” the bench said.
Taking note of the political interference, the bench said: “There is also a reference to a letter of a legislator saying that the project should not proceed…”. The judges emphasised that it will not allow any sort of political interference. “ We will not permit interference in orders of this court by anyone, whether MLA or any other political entity. The authority of this court runs above that of MLAs. Any attempt to interfere in implementation of orders of this court will be seen as interference in the administration of justice and will be dealt with accordingly,” the judges added.
Quashing the notice issued by the BMC Pest Control officer, the high court said: “The clearance of the site will proceed and the slum structures will be removed.”
Jagdish Aradwad (Reddy), advocate for SRA, informed the HC that the demolition process was fixed on July 4. Asking the local police to provide protection, the HC has kept the matter on Wednesday to show compliance.
