Lokayukta rapped for disobeying Bombay HC orders

The Bombay high court has warned the Maharashtra Lokayukta that a contempt notice will be issued against it if it fails to comply with court orders. The HC has expressed shock over the arbitrary manner in which the Lokayukta was functioning.

A division bench of Justice V.M. Kanade and Justice Shaloni Phansalkar-Joshi was hearing a petition filed by The Middle Income group Co-Op Housing Society Bandra East Group Limited. The petitioner has challenged an order passed by the Lokayukta directing Maharashtra Housing Authority and Development Association (Mhada) to not evict the occupants of a dilapidated Bandra building without following due procedures.

During the hearing, the petitioner (consisting of occupants of the building concerned who are ready to shift), informed the HC that some occupants — who did not wish to shift from the building — approached the Lokayukta chief and told him that Mhada was evicting them without following due legal processes as stated in Section 95-A of the Mhada act. The Lokayukta then passed an order restricting Mhada from evicting people from the building without following the right legal procedures.

The petitioner’s counsel, Iqbal Chagla, argued that the Lokayukta does not have the jurisdiction to pass interim orders under the Maharashtra Lokayukta and UPA-Lokayukta Act, 1971.

On August 4, the HC had said: “Prima facie, we are of the view that the Lokayukta does not have the jurisdiction to pass an interim order, or direct public or government authorities to act or prevent them from acting under any of the provisions of the said Act. The impugned order is stayed.”

But, on August 26, the petitioners informed the court that despite this court order, the Lokayukta was passing its own orders in the matter. The HC was irked when it was told that Lokayukta chief M.L. Tahaliyani was hearing and passing orders in a matter despite the court directing him not to do so. “We will issue a contempt notice against him (the Lokayukta chief),” Justice Kanade said.

The court adjourned the petition for further hearing till September 1 and said, “We repeat that till this petition is pending, all proceedings pertaining to this matter before the Lokayukta are stayed.”