MUMBAI : Bombay High Court has refused to entertain a plea of a sitting Bhiwandi corporator for directions to the civic body to demolish illegal structures of a builder saying he should have first taken up the issue before General Body Bhiwandi Nizampur City Municipal Corporation.
A division bench of Justice Abhay Oka and Justice Mridula Bhatkar onApril 5, 2013 reminded Shaikh Mohamad Khalid Mukhtar Ahmad that he is better placed than an ordinary citizen to raise his voice against illegal constructions. The judges noted that Ahmad was earlier leader of the house. To their query if he has taken up the issue in the General Body meet, his advocate replied he had not.
"You are not helpless. You are duty bound to raise such issues. Instead of approaching the court why have you not raised the issue in the General Body?'' asked Justice Oka.
The judges ,in their order, said there is nothing to show Ahmad had performed his duty as an elected corporator by raising the issue of inaction of civil officials as well as of other illegal constructions. The petitioner being an elected councillor is better placed than an ordinary citizen,'' they added.
Declining to entertain his petition, they added that even after raising the issue in the General Body, if Ahmad finds that no steps have been taken he can always approach the court. Corporation's advocate Narayan Bubna said Corporation could not initiate action because of a stay order. The judges directed it to file an affidavit of the steps taken.
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