Bombay HC imposes Rs 10,000 as cost on state govt in a PIL

MUMBAI: The Bombay high court on Monday imposed a cost of Rs 10,000 on state government for not filing its reply to a PIL filed last year by NCO Lok Satta Movement and adjourned the hearing to July 16. The HC had recently directed principle secretary of urban development to remain present on July 9 after expressing displeasure at the repeated failure to file a reply. The state on Monday, sought time again on the grounds that the official was unable to attend as he was on an official foreign tour and is now required to be in Nagpur till July 20 for the Monsoon sessions.
The principal secretary was earlier put on notice of contempt and was directed to remain present and also file an affidavit by July 9. A government advocate Mohit Jadhav repeatedly apologised to the division bench of Justices Ranjit More and Anuja Praabhudesai and stated that the official was in Nagpur and sought an adjournment to July 23..The bench appeared very upset at the approach of the state and for repeated flouting of directions. The bench noticed that the principal secretary had also gone on a foreign tour.

The Judges observed that the principal secretary was bound to follow the directions which were repeatedly brought to her notice. The HC did not agree to the request to adjourn the matter to July 23. Sujay Kantawala, advocate for the NGO, pointed out that this was a PIL in the interest of Mumbai city and was not adversarial in nature but the state was deliberately postponing implementation of a constitutional provision for no plausible reason which led to the filing of the PIL

The PIL by Lok Satta Movement sought enforcement of constitutional provisions to establish ward committees in ever electoral ward in the city. The 74th amendment to the Constitution has made it necessary to have such committees to ensure better public participation in functioning of civic issues. The BMC says that it is the state’s prerogative to inform about its implementation.