THE MUNICIPAL CORPORATION FOR GREATER MUMBAI & ANR. Vs. THE MUNICIPAL CORPORATION FOR GREATER MUMBAI & ANR.
LAWS(BOM)-2017-5-209
HIGH COURT OF BOMBAY
Decided on May 05,2017

The Municipal Corporation For Greater Mumbai And Anr. Appellant
VERSUS
The Municipal Corporation For Greater Mumbai And Anr. Respondents

JUDGEMENT

- (1.) Heard the learned counsel appearing for the applicants and the learned Government Pleader appearing for the respondent State. We have perused the affidavits filed yesterday of Dr. (Smt.) Bhagyashree Tukaramji Kapse, Assistant Commissioner, 'N' Ward and Shri Arun Shriram Manjul working as the Executive Engineer (I/c) 'N' Ward. As of today, we are not entering into the factual controversy raised by the said affidavits as the leaned Additional Government Pleader states that the affidavits will be filed dealing with the said two affidavits.
(2.) After having carefully perused the record and affidavits on record, we find that notwithstanding the order dated 11th January, 2016, there is a complete lack of coordination between the Police Department and the Mumbai Municipal Corporation. Prima facie, we agree with the submissions made across the Bar that the officers attached to local Police Stations must remain present when police assistance is provided to the Municipal Corporation for the work of carrying out demolition.
(3.) Compliance with the orders passed by this Court in the PIL cannot be delayed only because there is a complete lack of coordination between the Municipal Corporation and the Police Department. We, therefore, direct the Additional Chief Secretary (Home) to immediately convene a meeting of the Commissioner of Police, the Municipal Commissioner and all other senior officers and work out a scheme under which a proper coordination between the Police Department and Mumbai Municipal Corporation is established and adequate police protection and assistance is made available to the Municipal Officers for carrying out the work of demolition. Appropriate decision shall be taken by the Additional Chief Secretary (Home) within a period of one month from today which shall be placed on record along with an affidavit. While taking appropriate decision, the Additional Chief Secretary of the Home Department will lay down a protocol which will apply to all actions taken in future by the Mumbai Municipal Corporation for implementation of the orders passed by this Court in the PIL.;


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