Bombay High Court
Everard Co-Operative Housing Society ... vs Ajay Mehta Municipal Commissioner Mcgm ... on 13 August, 2024
Author: M.S. Sonak
Bench: M.S. Sonak
4-osconpw-8-2017 in wp-1434-2000.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CONTEMPT PETITION NO. 8 OF 2017
IN
WRIT PETITION NO. 1434 OF 2000
WITH
NOTICE OF MOTION (L) NO. 482 OF 2017
IN
CONTEMPT PETITION NO. 8 OF 2017
WITH
NOTICE OF MOTION (L) NO. 575 OF 2017
IN
CONTEMPT PETITION NO. 8 OF 2017
Everard CHSL ...Petitioner
Versus
Ajay Mehta Municipal Commissioner MCGM ...Respondents
& Ors
Ms Meena Doshi, for the Petitioner.
Ms Priyanka Sonawane, with SK Sonawane, for the
Respondent-BMC.
Mr Milind More, AGP, for the Respondent-State.
Mr Nilesh Wable, for the Applicant in NMW/575/2017.
SUMEDH
NAMDEO CORAM M.S. Sonak &
SONAWANE
Digitally signed by
SUMEDH NAMDEO Page 1 of 4
SONAWANE
Date: 2024.08.14 13th August 2024
09:02:16 +0530
Sumedh
::: Uploaded on - 14/08/2024 ::: Downloaded on - 14/08/2024 11:38:28 :::
4-osconpw-8-2017 in wp-1434-2000.doc
Kamal Khata, JJ.
DATED: 13th August 2024
PC:-
NOTICE OF MOTION (L) NO. 575 OF 2017
1. By this Notice of Motion, the Applicants seek intervention
in Contempt Petition No. 8 of 2017 and, as interim relief, a
restraint on the implementation of our judgment and order
dated 18 June 2015 in Writ Petition No. 1434 of 2000.
2. There is no question of seeking intervention in a Contempt
Petition. If the Applicants are aggrieved by this Court's Judgment
and order dated 18 June 2015, it was for them to take out such
steps as they may be advised in law regarding the said order,
more so because contempt is alleged regarding the non-
implementation of the said Judgment and order.
3. But this Notice of Motion seeking intervention in the
Contempt Petition is quite misconceived and is liable to be
dismissed.
4. Learned counsel for the Applicant states that the
Applicants had instituted two Writ Petitions. He submits that
should such Writ Petitions be allowed, then there would be no
occasion for implementing the Judgment and order dated 18
June 2015. This submission is extremely difficult to
comprehend. In any event, Ms Doshi points out that even these
two Writ Petitions have since been dismissed for non-
prosecution.
13th August 2024
Sumedh
4-osconpw-8-2017 in wp-1434-2000.doc
5. Accordingly, this Notice of Motion (L) No. 575 of 2017 is
dismissed.
CONTEMPT PETITION NO. 8 OF 2017
6. The Petitioner is alleged to be in contempt because the
BMC failed to comply with this Court's order dated 18/06/2015
before 31/01/2016. Shri Ajitkumar Ambi, Assistant
Commissioner 'L' Ward, filed a detailed affidavit before us on
04/02/2017. In this affidavit, the officer tendered an
unconditional apology and gave several reasons why the order
could not be complied with before 31/01/2016.
7. If the reasons were to be regarded as genuine, then, at
least by now, our order could have been complied with. The
affidavit was filed on 04/02/2017, and today, we are on
13/08/2024. Ms Doshi points out that, to date, there has been
no compliance. She submits this is a case of aggravated
contempt.
8. Paragraph 13 of the affidavit, filed on 04/02/2017, states
that the Corporation filed Notice of Motion No. 502 of 2016
seeking an extension of time, and said application is pending.
Assuming that such an application is pending, it cannot be a
ground for not complying with our order dated 18/06/2015.
9. Accordingly, we direct that the case papers, along with all
orders passed in this matter, be immediately placed before the
Municipal Commissioner. The Municipal Commissioner must file
his affidavit in this matter on 27/08/2024. The Municipal
13th August 2024
Sumedh
4-osconpw-8-2017 in wp-1434-2000.doc
Commissioner must indicate why the orders of this Court are not
being complied with and the timeline within which the order
would be complied with, at least now.
10. We repeatedly find that the Corporation is not complying
with the orders issued by this Court, forcing the citizens to
invoke this Court's contempt jurisdiction. While we are reluctant
to invoke this jurisdiction unless a clear case is made out, such
repeated noncompliance cannot be accepted.
11. We list this matter on 29/08/2024 by clarifying that in the
meantime, all steps must be taken to implement the order dated
18/06/2020, of which contempt is now alleged.
(Kamal Khata, J) (M.S. Sonak, J)
13th August 2024
Sumedh
