Bombay HC Reprimands MBMC Commissioner Over Stop-Work Notice to Builder
The Bombay High Court reprimanded Mira-Bhayander Municipal Corporation (MBMC) Commissioner Radhabinod Aribam Sharma and Assistant Director of Town Planning Purushottam M. Shinde on Friday for issuing a stop-work notice to a developer in Mira-Bhayander despite existing judicial protection.
A division bench comprising Justice Ravindra Ghuge and Justice Gautam Ankhad expressed deep displeasure over civic officials prioritising instructions from a local MLA over judicial directives. The bench questioned whether a politician's request ranks higher than an order issued by a constitutional court.
The judges drew a sharp parallel to a past contempt case in which Karnataka’s Chief Secretary was sent to prison, warning municipal officials of severe consequences for sidestepping judicial orders.
The contempt petition was brought by M/s Grandbuild Land Developers LLP. Senior Advocate Birendra Saraf, representing the developer, informed the court that the civic body sent a letter demanding a halt to construction despite a protective order issued on April 27. The civic administration persisted with its action even after the developer formally requested MBMC to comply with the court's directives.
Following the municipal corporation's actions, the Maharashtra Real Estate Regulatory Authority (MahaRERA) put the project on hold, froze the developer's bank accounts, and barred agreement-to-sale registrations. The High Court described the unfolding chain of events and the deliberate defiance of its instructions barring adverse action as "shocking."
MBMC Commissioner Sharma tendered an apology to the court, citing unawareness of the prior order. He assured the bench that the stop-work notice would be withdrawn and the matter would be reconsidered by the civic body.
Upon a request by the petitioner's counsel, the court refrained from initiating immediate contempt proceedings against the officials and instead issued a show-cause notice directing them to clarify their stance.
