Supreme Court warns contempt action against BMC commissioner, orders halt on salaries

The Supreme Court on Tuesday initiated contempt of court proceedings against the Municipal Commissioner of the Brihanmumbai Municipal Corporation (BMC) for failing to comply with its earlier directions to remove encroachments from land earmarked for a Brihanmumbai Electric Supply and Transport (BEST) bus stand.

A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana issued a show cause notice to the Municipal Commissioner, seeking a response as to why contempt action should not be initiated.

The Court also dismissed the commissioner's plea for more time to comply, slapping ₹5 lakh costs and ordering a halt to salary payments.

Additionally, CJI Kant questioned whether municipal officers were deliberately avoiding compliance with the Supreme Court's directions.

"Does it not show that your officers are colluding? We will send him to jail and then he will understand the sanctity of the Supreme Court order. Is he obliging us?" said CJI Kant .

Justice Bagchi asked the BMC to first comply with the Court's directions before seeking any further relief.

"Follow the order and after complying with the order, file an application for appropriate steps. But as of now, there is contempt," he said.

The dispute concerns land earmarked for a BEST bus station, over which the BMC and a private developer have been involved in litigation for several years.

In an order passed on August 13, 2025, the Supreme Court had directed the developer to hand over vacant and peaceful possession of 3,400 square metres of land, including an administrative building, to the Corporation for the bus stand. The civic body was directed to take over the project and make the bus stand functional within three months.

The Court had also directed the Corporation to continue efforts to remove encroachments from the property in accordance with law.

On November 13, 2025, the Supreme Court expressed concern over the municipal authorities' failure to remove the encroachments. It had sought a personal affidavit from the Commissioner detailing the occupants, eviction notices and claims of tenancy or ownership.

The matter came up today after the Commissioner sought more time to comply with the Court's directions. The Court dismissed his application seeking an extension of time and imposed costs of ₹5 lakh. It further directed that salaries should not be disbursed to the Commissioner and his staff until the show cause notice is decided.

"You will not be drawing a salary till the 1st of December 2026. So comply before that. You come here and then you can draw your salary," said Justice Bagchi.

Taking strong exception to the Corporation's explanation that its officers needed Marathi documents translated into English before complying with the directions, Justice Bagchi said,

"The officer who filed the affidavit is Dr Tambe. Do you want us to believe that they do not know Marathi?"

CJI Kant suggested that the municipal authorities were colluding with the encroachers.

"This is an absolutely mischievous breach of the directions of the Supreme Court, with the direct connivance and support of the encroachers. If you want us, we can write all of this in the order itself," said CJI Kant.

The Court refused to grant any further time despite the Corporation's counsel offering to ensure compliance within 30 days.

"We are very clear that we are dismissing the application and we will not grant a single day's extension. Let them sit in the midnight and pass the orders. Let them know how to work," said CJI Kant.

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