Times of India: Mumbai: Wednesday,
March 15, 2017.
Justice S J
Kathawalla of the Bombay high court on Tuesday summoned a civic engineer to
court for his promptness in replying to a query from the residents on a
redevelopment project.
A builder,
Kamla Realty (Bombay) had moved the HC for eviction of five members from a
residential building in Borivli (west) alleging that they were holding up
redevelopment when majority of the 19 had moved out.
"Who is
this engineer? He should be given a medal,''said Justice Kathawala
sarcastically. The judge asked civic counsel Joel Carlos about the engineer..
"This shows letters can be obtained from the BMC. I will send this man to
the commissioner, let him lose his job...,'' said Justice Kathawalla directing
the BMC lawyers to produce the assistant engineer (building proposal) and his
superior, executive engineer too, to court on Wednesday.
The Judge got
angry when informed by advocate Jitendra Damani that the assistant engineer had
replied within a day to a letter he received on March 9, from his clients,
75-year-old Jashvant Shah and Anil Panchamia, residents of New Gopal Premises
Cooperative housing society in Borivli, West who are opposing eviction. Damani
said after filing a plea under RTI, his clients had sought information about
status of the project. The next day the engineer said seven floors were
approved but that Commencement Certificate was not yet issued.
The minority
members had last July moved the HC and got interim relief against civic notice
to vacate the dilapidated building for its demolition.
The case of
the builder represented by advocates Vishal Kanade and M P Vora is that the few
members were delaying the redevelopment work and should be evicted. The
society's lawyer Amarendra Mishra supported the builder's claim. Advocate
Damani said the letter to the engineer was only to "verify'' the status of
the plans and whether additional FSI was granted. "If it is right or wrong
the court will decide,'' he said. But Kanade said the engineers reply doesn't
even mention TDR amount. Questioning the immediate reply by the engineer, the
HC told the BMC lawyers, "This is a serious matter... If something is
incorrect I will call for the files.'' ".. People should learn not to act
smart with courts,'' the judge said.
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