Elected authorities shouldn't jeer at courts: Bombay HC pulls up BMC for flouting earlier assurance

The Bombay High Court on Thursday reprimanded the Brihanmumbai Municipal Corporation (BMC) for violating its earlier assurance to maintain status quo with respect to a football ground in Mumbai while a legal challenge to its conversion remains pending [Mumbai Football Association v. State of Maharashtra & Ors].

The BMC had gone ahead with a resolution to turn the Bandra football ground into an exhibition centre, despite giving oral assurances to the Court that no action would be taken while the matter was pending.

A Division Bench of Acting Chief Justice (ACJ) Ravindra Ghuge and Justice Gautam Ankhad today noted that BMC’s general body cleared the proposal on August 18.  The Bench criticised this development since just days earlier, on August 10, the BMC had assured that status quo would be maintained.

"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 Court said.

The Bench also addressed the practice of relying on unrecorded oral assurances by lawyers during hearings.

"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," the Bench pointed out.

The Court was hearing a petition filed by the Mumbai Football Association (MFA) challenging a proposed change in the reservation of land in Bandra, Mumbai, which included a football ground. 

Senior Advocate Girish Godbole, representing BMC, today clarified that the civic authority's Commissioner Ashiwini Bhide was not personally informed of the earlier hearings in the case or the oral assurance given on August 10 by BMC's legal department to maintain status quo.

ACJ Ghuge, in response, lamented that it was unfortunate that internal communications had broken down like this.

He added that parties seeking adjournments are expected not to precipitate the issue in the interim.

Godbole then submitted that the BMC would consider moving a proposal before the General Body to keep its August 18 resolution in abeyance or recall it until the Court decides the matter on merits.

The Court, however, directed BMC to refrain from initiating any further steps or statutory procedures regarding the plot's reservation change until further orders.

As the hearing drew to an end, ACJ Ghuge also remarked,

“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 matter will be heard next on September 18.