Bombay High Court Criticizes BMC Over Powai School Encroachment Issue
The Bombay High Court delivered a sharp rebuke to the BrihanMumbai Municipal Corporation (BMC) on Thursday for its persistent failure to address encroachments by slum-dwellers near a school in Powai. The court has mandated the presence of the highest-ranking officer from the concerned municipal ward, along with the most senior officer from the local police station, on Friday to address the issue directly.
Court Questions BMC's Authority and Willpower
During the hearing, a division bench comprising Justices RV Ghuge and Abhay Mantri expressed deep frustration with the BMC's inaction. The bench specifically questioned whether the civic body was truly powerless to act against the unauthorized slum settlements that have encroached upon the road near Beaumont HFSI Pre-Primary School, located in the Hiranandani Gardens area of Powai.
The court has directed the deputy municipal commissioner to submit a detailed affidavit outlining the corporation's plans and timelines for the removal of these encroachments, as well as the associated toilet facilities that have been installed nearby.
BMC's Response and Judicial Scrutiny
Representing the BMC, counsel Dhruti Kapadia informed the court that she would seek instructions from civic officials to establish clear demolition timelines. The High Court has granted the BMC an opportunity to formally present its stance through the affidavit.
The petition was initiated by Kalyani Patnaik, the principal of Beaumont HFSI Pre-Primary School. It alleges that the BMC has consistently ignored complaints regarding the unauthorized slum-dwellers on the road. Furthermore, the petition claims that the civic body has facilitated these encroachments by providing toilet blocks and water tankers, thereby enabling their continued presence.
Judicial Remarks Highlight Systemic Failures
Justice Ghuge made several pointed oral observations during the proceedings. He referenced previous court orders where encroachers were removed from another location in Jai Bheem Nagar, only to resettle elsewhere. "This is like that Tom and Jerry show. You remove somebody from here, Jerry runs there," Justice Ghuge remarked, illustrating the cyclical nature of the problem.
The judge further criticized the BMC, stating, "Anybody can come and put a hutment and start staying on the main road... Why don't you tell us that you don't have the will, desire, means, and courage to remove encroachment on the roads?" He warned that such inaction effectively surrenders Mumbai to encroachers and questioned whether the BMC should be recorded as powerless.
Strong Warnings and Calls for Accountability
The bench issued stern warnings to BMC officials, emphasizing that false statements would result in severe consequences. "We will blast them (officers) if they tell us lies, and we will direct their demotion. We will transfer them somewhere to a place where they will not get water... This (encroachment) is your (BMC's) creation and appeasement. By this, you are encouraging encroachers," Justice Ghuge asserted.
Reflecting on the broader implications, Justice Ghuge added, "We are all humans, and we have a limited stay on this earth and are not immortals... But your next generation is going to say that our earlier generation was callous and careless, and they gave us encroachment." He stressed the importance of maintaining the city for future generations, urging immediate and decisive action to rectify the situation.
The court also instructed BMC officials to remove a mobile toilet from the area, underscoring the need for comprehensive cleanup efforts. This case highlights ongoing challenges in urban governance and encroachment management in Mumbai, with the judiciary taking a firm stand to ensure accountability and prompt resolution.
