Is MLA above High Court? Bombay HC issues show cause notice to civic chief for violating court order

The Bombay High Court recently reprimanded two Mira Bhayandar Municipal Corporation (MBMC) officials who acted on a letter by BJP MLA Narendra Mehta in deliberate disobedience of the Court's stay order [Grandbuild Land Developers LLP v. Mira Bhayandar Municipal Corporation (MBMC) & Ors.].

A division bench of acting Chief Justice Ravindra V Ghuge and Justice Gautam A Ankhad reprimanded the the officials during the hearing.

"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," the Bench observed.

The Court was hearing a contempt of court petition filed by Grandbuild Land Developers LLP against MBMC.

The developer is constructing residential towers and a primary school on reserved land in Bhayandar.

Trouble began when the BJP MLA requested changes to the sanctioned project plans. Based on Mehta's letters, the MBMC issued show-cause notices to the developer.

The developer then moved the High Court seeking to quash these notices.

On April 27, the Court explicitly restrained the MBMC from taking adverse action against the developer.

Despite this directive, civic officials issued a stop-work notice on May 4. MBMC Commissioner Radhabinod Sharma approved the decision while directly citing the MLA's letter.

The civic body issued another stop-work notice on June 3.

Consequently, the Maharashtra Real Estate Regulatory Authority (MahaRERA) issued a show-cause notice on July 21 and froze the project's accounts.

The developer subsequently filed a contempt of court petition before the High Court.

Senior Advocate Birendra Saraf appeared for the developer and argued that municipal authorities showed blatant disregard for judicial orders.

The High Court expressed deep shock over the conduct of the officials.

Acting Chief Justice Ghuge orally reprimanded the Commissioner of MBMC during the hearing.

The Commissioner tendered an oral apology to the court. He claimed ignorance of the stay order at the relevant time and assured the Bench that the adverse notices would be withdrawn.

With this assurance, Saraf requested the Court to defer strict contempt action.

The High Court then issued a simple show-cause notice asking the Commissioner to explain his actions on an affidavit.

It also ordered the MBMC to inform Maharashtra Real Estate Regulatory Authority about the withdrawal of its notices within a week.