Mumbai, February 13 The Bombay High Court on Friday criticized the BMC's "weak excuse" for not clearing encroachments on a street in the suburb of Powai, observing that the civic body's claim that the road was private property amounted to "complete abdication of its powers".
A bench of Justices Ravindra Ghuge and Abhay Mantri held that the Brihanmumbai Municipal Corporation (BMC) was under an obligation to discharge its statutory duties and could not act in such a way that would appease encroachers.
It directed the civic commissioner to submit a plan to clear the encroachments from the road, which the BMC stated was private property.
The bench was hearing a petition filed by Beaumont HFSI School and its principal, Kalyani Patnaik, alleging dereliction of duty by the BMC, pointing out that instead of removing the slum dwellers who had encroached upon the road near the institute, the civic body had aided them by providing toilets and water.
The court said the BMC's stand that it could not take any action because the street was private property was a "weak excuse" and showed that the civic body did not have the "will, desire, courage, or means" to deal with the problem.
"We are surprised by the stance taken by the BMC, which is truly astounding. The BMC's stance essentially amounts to giving up that area to the encroachers," it said.
The civic body, in its affidavit on Friday, stated that the street, although used by the public, was private property and therefore, no steps could be taken.
The bench directed the BMC chief to submit a plan for the removal of encroachers within 10 days, and said that the plan should not be just a "sham".
It also directed the corporation to remove the mobile toilet facilities parked on the street within 48 hours.
The bench criticized the BMC for not clearly stating in its affidavit by when the encroachers would be removed, noting that the officers did not want to commit and then get caught.
"The BMC does not have the will, desire, courage, or means. This is complete abdication of powers," it said.