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Bombsy HC: Treat every citizen with dignity
The Bombay High Court bench of Cheif Justice Pradeep Nandrajog and Justice Bharati Dangre were hearing a case filed by several residents who were adverseley affected by the demolition drive conducted by the BMC (Brihanmumbai Municipal Corporation) along the Tansa water pipeline. The Brihanmumbai Municipal Corporation demolished the illegal construction as well as encroachments while deciding to provide accomodation for the affected residents in the Mahul, near Chembur. Around 60000 people were deprived of their residence as a result of this.
Majority of the 15000 families that were supposed to shift to Mahul refused to relocate. This is in consideration of the fact that the Mahul area is acutely polluted. It is surrounded by three refineries and a chemical factory. The area was also declared unfit for human use by the Indian Institue of Technology, and by the National Green Tribunal in the year 2015.
The litigants approached the High Court because the Brihanmumbai Municipal Corporation refused to compensate the residents towards rent for the alternate place of residence. Another bench of the Bombay High Court directed the civic body to provide Rs. 15000 per month to each family that was refusing to relocate to Mahul. The Brihanmumbai Municipal Corporation refrained from paying compensation on the consideration that an appeal against such order is yet to be adjudicated by the Apex Court.
The bench however held that while the state's appeal was pending in the Supreme Court, no stay was granted on the order of the High Court and hence the civic body was directed to compensate the residents. While not allowing the civic body to forcefully relocate the families to the Mahul area that was declared unfit for living, the State Government to treat all citizens with dignity, regardless of whether they were rich or poor.
