Observing that "Until some municipal commissioner is (not) sent behind bars, nobody will comply with court orders," the Bombay High court on Thursday issued show cause notice of contempt against Mumbai Municipal Commissioner Ajoy Mehta, and municipal commissioner of Navi Mumbai Municipal Corporation, Kalyan Dombivli Municipal Corporations for allowing the construction of illegal pandals during Ganesh Chaturthi.
A division bench of Justice Abhay Oka and Justice A K Menon said, "The commissioners will have to personally remain present in court on November 30, along with relevant documents, to explain why contempt should not be issued against them." It added that the, "Message should go (out) loud and clear, and message will not go unless we send some municipal commissioner to jail."
The court gave the direction while hearing a bunch of petitions filed seeking proper implementation of noise pollution rules and orders passed by the High Court.
After going through the affidavit of compliance filed by the concerned corporations, the High Court noted that post facto permissions were granted to allow construction of pandals, even when applications were pending. Moreover, officials of the corporations did not apply their minds before regularizing illegal pandals, it observed. In Mumbai, the affidavit indicated that 42 illegal pandals were not demolished.
The corporation said it could not carry out the necessary action for lack of police protection. Thirty six such illegal pandals were found in Kalyan Dombivli, and 62 pandals were constructed in Navi Mumbai, which were regularized later.
The court has also asked other corporations to file their compliance reports, and the state government to tender an affidavit regarding steps taken to prevent or reduce noise pollution during Diwali and other festivals.
