The Supreme Court has taken a strong view of the Brihanmumbai Municipal Corporation's (BMC) failure to remove encroachments from land reserved for a BEST bus station in Mumbai. The court has issued a contempt notice to BMC Commissioner Ashwini Bhide for allegedly failing to comply with its earlier orders.


The Supreme Court has also directed the Maharashtra government and the civic body to withhold the monthly salaries of the commissioner and his personal staff until its directions are implemented.


Rejecting the BMC's request for more time to comply with its orders, the court imposed a fine of Rs 5 lakh on the civic body. A three-judge bench headed by Chief Justice Surya Kant observed that the commissioner had wilfully disobeyed its orders dated November 13, 2025, and July 28, 2026.


What Is The Case?


The matter concerns an encroachment on a 5,800-square-metre plot in Mumbai's Borivali area. Of this, 3,400 square metres are earmarked for a BEST bus station and an administrative building.


On August 13, 2025, the Supreme Court directed the BMC to take possession of the land from Parag Constructions, remove the encroachments and complete construction of the bus station at the site.


The matter came up for hearing again on July 28, when the court gave the civic body three months to clear the encroachments. The failure to comply with the directive has now led to the contempt notice against the commissioner.


What Did The BMC Tell The Court?


Appearing for the BMC, senior advocate R P Bhat said show-cause notices had been issued to those occupying the land. They had also been given two opportunities to present their case, he told the bench.


Bhat said the civic body was yet to examine their documents and pass final orders. He also pointed out that a civil court had directed that the occupants should not be evicted without being given an opportunity to be heard.


Justice Joymalya Bagchi, who was part of the bench, questioned why the hearing process was taking so long.


An affidavit filed by the BMC had stated that the concerned official did not know Marathi, and time was therefore required to translate documents written in the language into English. The judges expressed surprise at this explanation.


Chief Justice Surya Kant also raised concerns about possible collusion between civic officials and the encroachers. He questioned whether officials were collecting hafta or monthly payments from those occupying the land.


The Chief Justice suggested that officials appeared to be shielding the encroachers and deliberately delaying compliance with the court's directions.


'We Will Send Them To Jail If Required'


Expressing strong displeasure, the Chief Justice said officials appeared unable to understand the language of the Supreme Court's orders. He warned that those who failed to comply could be sent to jail.


The BMC's lawyer sought to assure the bench that the civic body would complete the process within 30 days. However, the court refused to grant even a day's additional time.

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