The Times of India  02.11.2010

HC says civic chief won’t have to pay from his pocket

MUMBAI: In what could be a big relief for the municipal commissioner, the Bombay high court has ruled that the commissioner as the head of the corporation has multiple responsibilities and duties. So, he cannot be personally held responsible for not knowing about various litigations going on in courts and whether replies were filed in each matter on time.

Justice J H Bhatia was deciding an appeal filed by the BMC challenging an order of the city civil court, which had imposed a cost of Rs 5,000 on Swadheen Kshatriya. He had directed the civic chief to pay from his pocket. The civil court’s order came on a suit filed by one Rakesh Pahuja. Pahuja had filed a suit, challenging a notice of demolition issued by the corporation. The suit was filed in 1998 and been pending in the civil court.

The civil court had in August, this year, directed the corporation to file a reply to an amendment made by Pahuja in the suit. When the case came up for hearing on September 6, the BMC sought some more time to file its written statement. The corporation’s plea was allowed by the civil court, but it also imposed a cost.

The BMC then moved HC challenging the said order of the civil court. Representing the corporation, senior counsel Narendra Walawalkar said: “The municipal commissioner as the head of the civic corporation has multifarious responsibilities and duties. He has a large number of staffers to run the administration of the BMC with a population of more than 1.5 crore. It is impossible for the municipal commissioner to personally find out what litigation is going on before the particular court and in which matter a written statement is filed or not,” he said. “These matters are looked after by the legal department and the concerned ward officer or assistant municipal commissioner or law officer may be responsible for giving appropriate instructions to the advocate for filing the written statement.” he added.

Taking note of arguments made by Walawalkar in the judgment, Justice Bhatia said: “In such circumstances, there can be no justification in directing the municipal commissioner to pay the cost from his own pocket.”

The high court set aside the civil court’s order on October 13 and directed the corporation to pay up in one week.