The Bombay High Court recently addressed an incident involving two officials from the Mira Bhayandar Municipal Corporation (MBMC), who allegedly disregarded a court-imposed stay order, influenced by a letter from BJP MLA Narendra Mehta. This action prompted the court to issue a show-cause notice to the officials, highlighting the supremacy of judicial directives over political influences.
Case Background
The case, identified as Grandbuild Land Developers LLP v. Mira Bhayandar Municipal Corporation (MBMC) & Ors., was presided over by a division bench comprising Acting Chief Justice Ravindra V. Ghuge and Justice Gautam A. Ankhad. The Bench expressed strong disapproval of the officials’ decision to prioritize the MLA’s instructions over a previous High Court order.
During the proceedings, Acting Chief Justice Ghuge questioned the officials’ actions, stating, “No court’s order can be disobeyed like this! So MLA for you is above the High Court? What prompted you to obey an MLA to disobey a division bench order? You have shocked us by your behaviour.”
Legal Proceedings and Contempt Petition
The controversy arose when the developer, Grandbuild Land Developers LLP, faced challenges while constructing residential towers and a primary school on designated land in Bhayandar. The dispute escalated after BJP MLA Narendra Mehta requested amendments to the sanctioned project plans, leading MBMC to issue show-cause notices to the developer based on the MLA’s letters.
Seeking relief, the developer approached the High Court, which on April 27, explicitly instructed MBMC to refrain from any adverse actions against the developer. However, disregarding this directive, MBMC officials issued a stop-work notice on May 4, citing MLA Mehta’s correspondence. Further compounding the issue, another stop-work notice was issued on June 3.
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High Court’s Response
The actions of the MBMC officials led to intervention by the Maharashtra Real Estate Regulatory Authority (MahaRERA), which issued a show-cause notice on July 21 and froze the project’s accounts. In response, the developer filed a contempt of court petition before the High Court.
Appearing for the developer, Senior Advocate Birendra Saraf argued that the MBMC officials demonstrated blatant disregard for the court’s orders. The High Court, visibly disturbed by the officials’ conduct, demanded an explanation from MBMC Commissioner Radhabinod Sharma. The Commissioner offered an oral apology, attributing his actions to ignorance of the stay order at the time and assured the court of retracting the adverse notices.
Future Implications
In light of these developments, the High Court issued a show-cause notice to the Commissioner, demanding an affidavit explaining his decisions. The court also directed MBMC to inform the Maharashtra Real Estate Regulatory Authority about the withdrawal of the contentious notices within a week.
