7-yr-old pandal razed after arrest warning to police, civic chiefs

Nagpur: The Nagpur Municipal Corporation officials, in a late night action, started removing an illegal pandal near the office of DCP Traffic in Civil Lines, after being reprimanded by the Nagpur bench of Bombay High Court on Thursday. Additional municipal commissioner Pramod Bhusari told TOI that NMC began razing the pandal at 10.30pm.
It took the civic authorities a stern warning of arrest of Nagpur police commissioner S P Yadav and municipal commissioner Shravan Hardikar to raze the structure that had been in existence for over seven years.
The court was hearing a PIL filed by Dr Gajanan Zade and Manohar Khorgade who prayed for directives to the civic bodies to remove illegal structures on roads and public places that have become nuisance for the common man.
The court’s rap came after petitioner’s counsel Firdos Mirza pointed out to a 2011 high court order directing the removal of the same pandal. A division bench comprising Justice Bhushan Gavai and Justice Vinay Deshpande expressed its strong displeasure over the existence of the said pandal despite the court’s orders. The court slammed Yadav and Hardikar – and even directed the authorities to put them behind bars – if they fail to raze the illegal pandal before Friday.
Assistant government pleader Deepak Thakare was asked to inform joint commissioner of police to remain present in court during Friday’s hearing at 10.30am so that he could take orders from the court to arrest Hardikar and Yadav for violation of its orders. The court also warned that it wouldn’t hesitate in directing the state DGP to come to city and arrest the two officials, but it did not wish to burden the public exchequer.
The court was also furious over the breach of unconditional apologies by Hardikar and Yadav submitted to the court on December 10, 2015 for allowing illegals structures on roads. Both the officials were personally present during the hearing then.
During same hearing, the bench led by Justice Gavai had sternly warned the two top officials against permitting illegal pandals, welcome arches/gates, and stages on roads in future, for whatsoever reason to anybody, while accepting their apologies. Hardikar had then tendered such an apology for a second time during the hearing of the same PIL.
He had tendered the first apology on July 23, 2015 and yet permitted Ganesh and Durga pandals on roads citing provisions under MMC Act. He even defended his decision while talking to TOI on September 18, 2015.
“In spite of our specific orders and undertaking by both commissioners of not allowing any temporary or permanent structures on roads, this pandal is situated right in the vicinity of DCP’s office and just half a kilometre from NMC office. This clearly reflects breach of their own undertakings and also the court’s orders by both senior officers,” the judges said, while adding that non-compliance of court’s orders would shake faith of citizens in the rule of law.
The petitioners cited the Bombay Police Act where the police can take cognizable action against the illegal encroachments like pandals for religious festivities, the petitioners claimed the police were doing nothing.
During the hearing on December 3, 2015, the court issued contempt notices to Hardikar and Yadav, asking as to why it shouldn’t proceed against them for committing contempt in violation of its orders of September 16, 2009, and February 25, 2016.