Bombay High Court dropped the contempt petition filed by Malabar Hill Citizens forum
Following a statement made by Brihanmumbai Municipal Corporation(BMC), that it has removed the fire engine and temporary shack constructed inside Priyadarshani Park at Napeansea road, Bombay High Court dropped the contempt petition filed by Malabar Hill Citizens forum.
A division bench of Chief Justice Manjula Chellur and Justice MS Sonak was informed by Senior Advocate Anil Sakhare and Advocate Trupti Puranik, as per the statement made earlier, that the engine had been moved and restored, and thus the contempt plea does not survive.
The forum had moved the court seeking action against Assistant Commissioner (D) ward and Municipal Commissioner. As per records, in 2006, the Malabar Hill Citizens' Forum (MHCF) filed a public interest litigation challenging the decision of the corporation to post a fire engine in the park. On June 5 this year, the petition was dismissed, on default. On June 14, the corporation posted the fire engine inside the park. Residents moved a plea for restoration of the PIL, and by a June 19 order, direction for maintaining status quo was given. The civic body has not challenged the order, but moved an application for modification, which is still pending hearing.
The court had earlier rapped the corporation for not following the order and had even warned of imprisoning the official not following court orders.
The court has now posted the matter for further hearing after three weeks and asked the corporation and Maharashtra Coastal Zone Management Authority to file their reply on whether the park falls under the CRZ 1 category.
IN THE COURT
- In 2006, the Malabar Hill Citizens’ Forum had filed a PIL challenging the decision of BMC to post a fire engine in the park.
- BMC’s application for modification is still pending hearing
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