HC levies fine on state for delay in filing affidavit
The bench further directed that the costs be recovered from the salary of the principal secretary.
Mumbai: The Bombay high court has levied costs of rs 10,000 on the principal secretary, urban development, for not filing an affidavit in reply to allegations leveled by a NGO that ward-level committees that were to be set up in each municipal ward have not been constituted despite the 74th amendment of the constitution prescribing them in 1992. The fine was levied as the principal secretary's office failed to file the affidavit despite numerous chances given by the court over two years.
A division bench of Justices Ranjit More and Anuja Prabhudessai was hearing the public interest litigation filed by NGO, Loksatta Movement, through senior advocate Dr Sujay Kantawala, praying for directions to the state and the BMC to form the ward-level committees or sabhas for better coordination between the public and the civic body. The NGO averred that the state was bound to constitute these committees as they were part of the 74th amendment. However, despite the passage of nearly 26 years, nothing had come of it.
On Monday, the government pleader submitted a letter from the office of principal secretary Manisha Mhaiskar, seeking one more extension as she was away in Nagpur. The court, while rejecting the request of the principal secretary, directed the same to be filed byJuly 16 and warned that any further delay would result in contempt proceedings. The bench further directed that the costs be recovered from the salary of the principal secretary.