The order had asked the corporation to remove a fire engine stationed in the park.
Mumbai: The Bombay high court came down heavily on the Brihanmumbai Municipal Corporation (BMC) on Monday for not complying with a June 19 order to restore status quo with regards to Priyadarshani park in South Mumbai. The order had asked the corporation to remove a fire engine stationed in the park.
The order was passed after Malabar hill residents objected to the fire engine as it obstructed their walking track and playing area for children. However, as the BMC failed to remove the engine since June 19 and did not challenge the order, the court observed that the corporation was adamant and hence it would initiate contempt proceedings against it. The court refused to hear the arguments of the corporation and asked it to remove the vehicle within one day.
A division bench of chief justice Dr Manjula Chellur and justice M.S. Sonak was hearing a notice of motion in a public interest litigation (PIL) filed by the Malabar Hill Citizen Forum through advocate Kalpesh Joshi. The motion had pointed to the fact that the BMC had failed to remove a fire engine placed in Priyadarshini Park despite a high court order.
The BMC counsel Anil Sakhare in the presence of additional municipal commissioner Idzez Kundan tried to justify the fire engine, stating that it was necessary to station it there as the nearest fire station was at Nana Chowk and it took 20-25 minutes for a fire tender to reach Malabar Hill.
The bench was however not impressed by the argument of the BMC and lashed out at it for not complying with a previous order. “If you are adamant and do not think that the orders of the court need to be followed then we will not hesitate in initiating contempt proceedings against the officials,” said Dr Chellur.