Relief for BMC commissioner in illegal pandals matter, HC warns of stern action if civic body fails again to implement its order

The Bombay High Court today revoked a show-cause notice issued last year to the Brihanmumbai Municipal Corporation Commissioner for failure to act against illegal pandals erected during festivals but warned that it would not brook such a lapse in future.

Justices A S Oka and M S Sonak had issued the notice to commissioner Ajoy Mehta, asking why contempt action should not be taken against him for failure to implement the court's orders.

After the BMC submitted to the court that the failure wasn't intentional, the bench "discharged" the notice today.

The judges warned that if the BMC fails to act against illegal pandals and hoardings or to implement noise pollution norms during festivals in future, the court will not take a lenient view.

"The notice issued to Ajoy Mehta is hereby discharged since the breaches were not intentional....during any religious festival, breaches in implementation of the law and this court's orders will be dealt with sternly. Any such breach will be treated as a case of aggravated contempt," the judges said.

Both the civic body and police must apply their minds before granting permission for pandals, ensuring that they do not obstruct traffic or block pavements, the high court said.

NGO Awaaz Foundation and others had filed public interest litigations demanding strict implementation of the Noise Pollution Rules and action against illegal pandals.

On November 2 last year, the petitioners informed the court that despite its orders, several illegal pandals had come up in the city during the Ganesh festival and Navratri.

The BMC received complaints about at least 42 illegal pandals but failed to take action, the petitioners said.

"Unless some municipal commissioner is sent to jail... there would be no compliance," an angry high court had said.

The BMC, in an affidavit filed subsequently, said some assistant municipal commissioners were at fault in this matter, and it had initiated action against these officials.

In compliance with the court's orders, it had set up special teams to act against illegal pandals and hoardings, while a grievance redressal system for registering complaints about illegal pandals and hoardings was already in place, the BMC said.