'Lame excuse', says HC on BMC's failure to clear encroachments in Powai

The Bombay High Court on Friday slammed the BMC's ''lame excuse'' for not clearing encroachments on a street in suburban Powai, observing that the civic body's claim of the road being a private property amounted to ''complete abdication of its powers''. A bench of Justices Ravindra Ghuge and Abhay Mantri held that the Brihanmumbai Municipal Corporation (BMC) was under an obligation to discharge its statutory duties and cannot act in such a manner that would appease encroachers. It directed the civic commissioner to submit a plan to clear the encroachments from the road, which the BMC stated was private property. The bench was hearing a petition filed by Beaumont HFSI School and its principal, Kalyani Patnaik, alleging dereliction of duty by the BMC, pointing out that instead of removing the slum dwellers who have encroached upon the road near the institute, the civic body aided them by providing toilets and water. The court said the BMC's stand that it cannot initiate any action as the street was private property was a ''lame excuse'' and shows that the civic body does not have the ''will, desire, courage or means to deal with the problem''. ''We are surprised by the stand taken by the BMC, which is really astounding. The stand of the BMC amounts to virtually giving up that area to encroachers,'' it said. The civic body, in its affidavit on Friday, stated that the street, although used by the public, was private property and hence no steps could be taken. The bench directed the BMC chief to submit a plan for the removal of encroachers within 10 days and said that the plan should not be just an ''eyewash''. It also directed the corporation to remove the mobile toilet facilities parked in the street within 48 hours. The bench rapped the BMC for not clearly stating in its affidavit by when encroachers would be removed, noting that the officers do not want to commit and then get caught. ''The BMC does not have the will, desire, courage or means. This is complete abdication of powers,'' it said.