Mumbai: Bombay High Court recently took serious note of non-compliance by Aseemkumar Gupta, principal secretary, urban development department (UDD), of directions passed in two recent orders on a petition concerning a proposed development plan road affecting a church in Vile Parle (W).
“In view of this, we deem it appropriate to bring this fact to the kind notice of the hon’ble chief minister of the state to highlight how the bureaucrats in the state are functioning,” said Justices Ajay Gadkari and Kamal Khata on Jan 27.
The petition was filed by The Pentecostal Mission Society. On its representation, in May 2023, the then CM wrote: ‘BMC commissioner to examine the subject ‘A’ (shifting the road’s alignment) and submit a proposal forthwith.’ On Oct 24, the judges noted that BMC officers had “disregarded” the CM’s directions. They directed the principal secretary, UDD, to file his response and “to state whether the present order” was brought to the CM’s notice and his response to it. Further, “whether such conduct of BMC officers should be tolerated…” On Jan 7, noting that Gupta’s affidavit did not answer the court’s queries, the judges directed him to file an elaborate affidavit. On Jan 27, the state’s advocate said Gupta’s affidavit was e-filed, but the HC registry reported it was not. The judges said it is “apparently clear” that the Jan 7 order was not complied with by Gupta and the affidavit was not filed within the stipulated period. Further, he is “not aware of the seriousness of the issue” in HC’s Oct 24 and Jan 7 orders.
“From the conduct of the principal secretary…it prima facie appears to us that he is not serious in considering the said issues and is in fact condoning and tolerating the conduct of his subordinate officers,” they added. The judges said it is invariably observed that the state or its instrumentalities are not filing replies within the stipulated period, ultimately causing delays in the adjudication of petitions. Even the co-ordinate bench had observed that it is almost routine for BMC officers not to comply with HC orders. “It appears from the record of several cases that even the state’s top-ranking officers are not complying with the court orders,” they noted. Therefore, “we are compelled to bring the said fact” to the CM’s notice “hoping that he will take a serious note of it.”
Advocate General Birendra Saraf assured he will bring the two orders to the CM’s notice and also remedy the delay in filing of responses by the authorities.
