Bombay High Court Criticizes BMC’s Actions Over Football Ground
The Bombay High Court recently admonished the Brihanmumbai Municipal Corporation (BMC) for not adhering to its prior commitment to maintain the status quo regarding a football ground in Mumbai. This legal matter, which is still pending, involves the proposed transformation of the Bandra football ground into an exhibition center. The judicial rebuke came during a hearing concerning the case Mumbai Football Association v. State of Maharashtra & Ors.
On August 18, BMC’s general body approved this proposed change, despite having orally assured the Court on August 10 that no action would be taken until the legal challenge was resolved. A Division Bench comprising Acting Chief Justice (ACJ) Ravindra Ghuge and Justice Gautam Ankhad expressed their disapproval over the corporation’s actions, emphasizing the importance of respecting the judiciary’s authority.
Respect for Judicial Authority
The Bench underscored the significance of upholding the law, stating, “We have a bigger problem… We have an issue of the majesty of law being at stake. If the elected people or authorities are going to jeer at the courts, then that’s something very bad.” The judges also highlighted concerns about relying on unrecorded oral assurances during legal proceedings, which can lead to distrust among lawyers.
The Court pointedly remarked, “Lawyers will stop trusting colleagues. Even if the colleague says that, ‘Don’t worry, nothing will happen, we will maintain status quo,’ the lawyer will say record the statement because their clients don’t obey them,” indicating the necessity for documented assurances.
Internal Communication Breakdown
During the hearing, Senior Advocate Girish Godbole, representing the BMC, clarified that Commissioner Ashiwini Bhide was not personally apprised of the Court’s prior hearings or the oral assurance made on August 10 by the BMC’s legal department. ACJ Ghuge expressed disappointment over this communication lapse, emphasizing the expectation that no contentious actions should be taken while seeking adjournments.
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Godbole indicated that the BMC might propose to the General Body to either keep the August 18 resolution in abeyance or withdraw it until the Court’s final decision. However, the Court instructed the BMC to halt any further steps or statutory procedures related to the land reservation change until further notice.
Importance of Public Spaces
As the session concluded, ACJ Ghuge questioned the future availability of recreational spaces, stating, “You must tell us where people will play football now. Some spaces have to be left open, otherwise, the next generation will forget what they call ‘maidani khel’ (playground activities) —they’ll forget the grounds.”
The case is scheduled for its next hearing on September 18, where further deliberations on this matter will take place.
