Bombay High Court Imposes Symbolic Fine on BMC Officials for Delayed Action
The Bombay High Court has taken a firm stance against bureaucratic delays by ordering two senior officers of the Brihanmumbai Municipal Corporation (BMC) to pay a nominal fine of Rs 11 each. This penalty was imposed for their failure to promptly initiate action against a ward officer who neglected to demolish an unauthorized construction in a building located in the Fort area of Mumbai.
Court's Stern Message on Compliance
In a significant ruling on February 9, a bench comprising Justices Ravindra Ghuge and Abhay Mantri emphasized the necessity for immediate adherence to judicial directives. The judges stated, "In order to ensure that the message goes out loud and clear to the corporation that the orders of every court should be acted upon with promptitude, we are imposing costs of Rs 11 to be paid by Chanda Jadhav, deputy municipal commissioner (zone-I), and by Ashwini Joshi, additional municipal commissioner (city), from their respective salary accounts." The court directed that the amounts be deposited within two days with the Kirtikar Law Library in the high court premises.
Background of the Legal Dispute
The case originated from a suit filed by Green Twig Estate Management Pvt Ltd, the landlord of Kirti Chambers, seeking the demolition of an illegal mezzanine floor constructed by a tenant. Initially, the suit was dismissed due to the failure to issue a statutory notice to the BMC. The landlord subsequently appealed to the High Court.
On August 5, 2024, after the High Court noted that the BMC had initiated action, the appeal was withdrawn. However, when no concrete steps were taken, another petition was filed, leading to further judicial scrutiny.
Delays and Inaction by BMC Officials
During proceedings on December 23, 2025, BMC's advocate Vaishali Ugale presented an order dated August 10, 2024. The judges criticized this as a "cryptic" order and noted that no subsequent measures were undertaken to dismantle the unauthorized structure. The order had indicated that if the tenant did not remove the construction, it would be demolished by the office of the assistant municipal commissioner of A ward. Consequently, the court directed assistant municipal commissioner Jaydeep More to appear the following day.
On December 24, 2025, Ugale attributed the non-compliance to an "inadvertent" oversight. The judges then instructed the BMC to take disciplinary action against More for dereliction of duty. The petition was disposed of and scheduled for compliance review on January 30, 2025, though it could not be heard on that date. Notably, the BMC issued a show-cause notice to More on the same day.
Investigation into Procedural Lapses
When questioned about the delays on February 9, Ugale submitted the original case file for examination. The judges discovered that she had prepared a report for transmitting the December 24 order on December 26. The file was dispatched to Chanda Jadhav on December 30, who signed it nine days later on January 8. It then proceeded to Ashwini Joshi, who signed it nineteen days later on January 27.
BMC municipal commissioner Bhushan Gagrani acted "promptly" on January 28 by directing the issuance of a show-cause notice to More. The court concluded that "the matter was delayed on account of delayed action at the desks" of Jadhav and Joshi. The show-cause notice to More was ultimately issued on January 30, coinciding with the scheduled court listing.
Implications and Broader Context
This ruling underscores the judiciary's intolerance for administrative procrastination, particularly in matters involving unauthorized constructions that pose safety and regulatory concerns. The symbolic fine of Rs 11 serves as a stark reminder to public officials of their accountability and the imperative to execute court orders without undue delay.
The case highlights ongoing challenges in urban governance in Mumbai, where illegal constructions remain a persistent issue. The High Court's intervention aims to streamline bureaucratic processes and ensure that civic authorities uphold their responsibilities diligently.
