HC notice to centre, state over NMC’s continuation of restrictions

TNN | May 6, 2020, 04:27 IST

Nagpur: A day after five lawyers challenged the civic chief’s lockdown extension notification of Sunday, the Nagpur bench of Bombay High Court on Tuesday issued notices to the respondents, including the centre and state governments, asking them to reply by Thursday.
While quoting the petitioners’ contentions on rights, power and jurisdiction under which the stringent restrictions prevailing in Mumbai, Pune, Malegaon and Pimpri Chinchwad, were extended in the city, justice Anil Kilor also issued notices to the Nagpur Municipal Corporation (NMC) commissioner and the collector asking them to file an affidavit before the next hearing.
The petitioners — Shreerang Bhandarkar, Kishor Lambat, Kamal Satuja, Prakash Jaiswal and Manoj Sable — contended that the commissioner’s notification extending restrictions for the non-essential products, including liquor, was issued in complete breach of Friday’s government orders.
Their counsel, Shyam Dewani, contended that the municipal commissioner usurped powers of the district collector and passed orders contrary to guidelines issued by the centre and state governments through separate notifications. “As far as stand-alone shops and those in residential colonies are concerned, guidelines issued by the both governments are absolutely clear. However, exceeding his jurisdiction, the commissioner is not even permitting opening of such shops and offices, in their breach,” said Dewani.
While demanding quashing of the civic chief’s notification, Dewani further argued that no major Covid-19 cases are coming out, except from containment areas. Therefore, there isn’t any need to close all the non-essential shops in the other city areas that is leading to several problems faced by citizens.
“The government specifically excluded containment zones of Mumbai and Pune metropolitan regions along with the Malegaon Municipal Corporation from lockdown relaxation. It permitted partial resumption of normal life allowing reopening of certain shops and services in other areas. However, by ignoring NMC’s own data about containment of Covid-19 cases within four specified areas of Central and East Nagpur, the commissioner issued notification,” said Dewani.
He further pointed out that both the governments already laid down guidelines under the National Disaster Management Act based on the directives of National Disaster Management Authority and took a decision to permit opening of non-essential shops and offices. “The commissioner, however, wrongly assumed that the state’s notification is issued under the Epidemic Act and by passed the guidelines in excess of his powers and jurisdiction, while continuing restrictions,” he said.