Maintaining that the Commissioners of Police (CP) and Kalyan- Dombivali Municipal Corporation (KDMC) “must ensure that rule of law prevails and court orders are not frustrated by rule of mob,” the Bombay High Court ordered probe into FIR filed by the KDMC against the residents and political workers obstructing demolition of unauthorised construction in Dombivali (East). The court said that taking law in their own hands by such persons was not acceptable. It added that “till corporation’s demolition order is not stayed or set aside by competent court, its execution cannot be thwarted by mob rule or by some of the occupants threatening suicide.” A division bench of Justices Mahesh S Sonak and Kamal R Khata was hearing a plea by one Jayesh Hiraman Mhatre seeking directives to the KDMC for enforcement of its demolition order of March 9, 2021 against building called ‘Radhai complex’, situated behind Don Bosco School-Sagav at Manpada road in Dombivali (East). On July 5, the bench had disposed of the plea after the civic body made a statement that the demolition order would be executed on July 16. The court had asked the police authority to give necessary protection to civic officials for the same and had sought compliance report from the KDMC on July 26. On Friday, advocate Vaidehi Deshmukh for KDMC claimed that while demolition orders were attempted to be enforced with police protection on July 16, through a political intervention of BJP workers, the mob at the site overpowered the corporation officials and 20 police officials present at the spot. The bench referred to an affidavit filed by the Assistant Municipal Commissioner (AMC) and found that “lawful orders issued by corporation and writ issued by HC to enforce demolition orders are sought to be frustrated by residents after taking law in their own hands.” This is not acceptable, it added. The civic body also submitted that while the residents showed a government circular prescribing no demolition during monsoon season, the KDMC officials informed them that they were acting as per HC order and had to implement and execute the same, after which the residents became aggressive, leading to a law and order situation and one of them attempted suicide. “Any person (political) with the power to gather 500 people can stop demolition like this ?,” the bench orally remarked. It directed the Commissioners of Police (CP), Thane and KDMC to take necessary action and asked the CP to probe into FIR filed by the KDMC and “act in accordance with law against those obstructing lawful process.” The court also disposed of an intervention plea by five occupants or flat purchasers who claimed that they were not part of the mob and no proper notices were issued by KDMC for demolition action. It termed the contentions “vague”. The court directed KDMC Commissioner and CP, Thane to file by August 12 a compliance report related to implementation of court orders and status report on the action taken, if any, against those obstructing enforcement of demolition orders.
