MUMBAI: Bombay
high court on Friday directed the
state government to explain “gross delay” in granting sanction to prosecute
Chandrakant Khaire, Shiv Sena MP from Aurangabad, for obstructing
demolition of an illegal temple in Walunj.
The HC is monitoring compliance of directions in its October 2016 judgment in a PIL by Society for Fast Justice and activist Bhagwanji Raiyani to implement the Supreme Court’s September 29, 2009, order to act against illegal shrines in public places. Khaire had allegedly abused the tehsildar leading the demolition squad.
A bench of Justices Abhay Oka and Mahesh Sonak took note that the incident occurred on October 29, 2015, but the government kept two proposals – December 2, 2015, and August 31, 2017 – seeking sanction to file a charge-sheet in the matter pending. “Only because an MP is involved, the proposal for sanction is kept pending,” remarked Justice A S Oka. Advocate Girish Godbole, special counsel for the state, said he will take instructions. “Even today, government has no explanation as to why the two proposals were kept pending. Moreover, it has not explained the delay,’’ the judges said in the order. They granted the government two weeks to set out reasons for the “gross delay’’ in taking decision. The bench cautioned that if there was no reply on September 7, it would be a “fit case’’ for contempt of court to be initiated against the officer concerned.
The government was to identify illegal shrines prior to and after September 29, 2009, the cut-off date, and classify them as those to be regularized, removed and relocated. It was granted time till December 2017.
The government sought six months more to comply. The bench noted that the state’s chart showed that in non-municipal corporation areas, 43,475 out 50,527 illegal structures prior to September 29, 2009 and 182 were relocated. “Even as regards areas covered by municipal corporations, it is apparent that a large number of structures constructed before the cut-off date have been regularised. While we are dealing with the issue, it is our duty to ascertain if the directions are complied in letter and spirit,’’ it said. The government has to produce minutes of meetings of committees set up at the state, district and corporation levels as “it will indicate if they have done their work’’.
Bombay high court
