The Bombay High Court today reprimanded the local civic body for "illegally" constructing toilet blocks under the guise of the 'Swachh Bharat Abhiyan' on a suburban plot originally reserved for a recreational ground.
A division bench of Justices A S Oka and P N Deshmukh made the observation while hearing an application filed by the Brihanmumbai Municipal Corporation (BMC).
In the application, the BMC has sought a recall of an order passed by the high court in 2014 directing the corporation to raze a set of toilet blocks constructed on a plot in suburban Borivali.
The high court had ordered the demolition after a petition was filed in 2009 claiming the toilets were illegally constructed by the BMC on the plot reserved for a garden and a playground.
The corporation, in its application, claimed under the Swachh Bharat Abhiyan, the Centre had granted civic bodies power to construct toilets on lands owned by them.
To this, Justice Oka said, "Under the guise of the Swachh Bharat Abhiyan you (the BMC) cannot do something illegal. It has to be within the four corners of law."
"The plot is originally reserved for garden and playground...the city needs more such open spaces. You (the BMC) tell us next week whether you want to withdraw this application or want to pursue it," the bench said.
The court posted the matter on February 1 for further hearing.
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