HC irked with Lokayukta’s functioning, warns to issue contempt

Mumbai, Aug 28 (PTI) The Bombay High Court has expressedshock over the arbitrary manner in which Maharashtra Lokayuktawas functioning and warned its chief with a contempt notice ifit fails to comply with the court’s orders. A division bench of justices V M Kanade and ShaliniPhansalkar-Joshi was irked when it was informed that LokayuktaM L Tahaliyani was hearing and passing orders in a matterdespite the high court directing it to not do so. The bench was hearing a petition filed by ‘The MiddleIncome Group Co-Op Housing Society Bandra East Group Limited’,challenging an order passed by the Lokayukta directing theMaharashtra Housing and Development Authority (MHADA) no toact against eviction of occupants of a dilapidated building insuburban Bandra. The Lokayukta had passed the order after some of theoccupants filed a complaint there alleging that they are beingevicted without following due procedure laid down in law. Senior counsel Iqbal Chagla, appearing for thepetitioners (who are also occupants of the building but areready to shift), argued that the Lokayukta does not havejurisdiction to pass interim orders under the MaharashtraLokayukta and Upa-Lokayuktas Act, 1971. Advocate Vishwajit Sawant, appearing for MHADA, told theHC that the authority will take at least eight weeks to issueshow-cause notice to the petitioners, who are the occupants,after which hearing will be given to them and only then anorder will be passed. The high court had on August 4 stayed further hearingbefore the Lokayukta pending hearing and final disposal ofthis petition. "Prima facie, we are of the view that Lokayukta does nothave jurisdiction to pass interim order, direct the publicor the government authorities to act or prevent them fromacting under any of the provisions of the said Act. Theimpugned order is stayed," the HC had said on August 4. However, on August 26 the court was informed by thepetitioners that despite this order, the Lokayukta was passingorders in the matter. "We are shocked with this behaviour. Doesn’t theLokayukta chief realise that he is subordinate to the HighCourt? This is contemptuous. We will issue contempt againsthim. How can he (Lokayukta) hear and pass orders in a matterthat has been stayed by us," Justice Kanade said. The court adjourned the petition for further hearingtill September 1 and said, "We are repeating that till thispetition is pending, all proceedings pertaining to this matterbefore the Lokayukta are stayed." PTI SP GKDVRDS