MUMBAI: Bombay high court on Tuesday rapped the State government over its delay in taking a decision on the representation by a trade union against shifting of Worli Dairy to Aarey Milk Colony, Goregaon.
“How long do you take to hear such representations? A year and half? Should we issue contempt notice?” asked Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar.
They were hearing a contempt petition by Rashtriya Shramik Aghadi that alleged wilful and intentional disobedience of HC’s Jan 5, 2023 order. The union in a PIL had challenged March/May 2022 government resolutions (GR) issued by the Revenue and Forest Department to hand over 10 acres of land, a sea-facing property, to the Urban Development Department to develop an international tourist center and aquarium.
The GRs were withdrawn. A new GR in Feb 2022 set up a committee to consider how the land would be used. On Jan 5, 2023 HC directed the committee to decide on the unions’ representation. The contempt petition said immediately on Jan 16, 2023 the union made a detailed representation to the committee. Subsequently sent reminders and even legal/contempt notices asking what steps have been taken after HC’s order. The union said HC’s order “remains only on paper’’ and urged HC’s interference.
Advocates Uday Warunjikar and Sumit Kate, for the union, said the deputy CM heads the committee as its chairman. The State’s advocate sought time saying the file is submitted before the deputy CM. The judges said such a plea cannot be accepted as the decision is supposed to be taken by the committee that includes the DyCM, four ministers and three secretaries. “The principal secretary of the Department of Animal Husbandry and Milk Development being its member secretary, no explanation can be said to be satisfactory for such a delay of more than one and half year in taking the decision which the committee was required to take in terms of the order dated 5th January 2023,’’they added.
The judges noted that HC “had not expressed any opinion on the issue” but rather found it appropriate to direct the committee to take decision on merits, in accordance with law and in terms of government policy. “We cannot appreciate such a delay..,,’’ the judges said. Government pleader Priyabhushan Kakade later informed that a decision will be taken by July end. The judge adjourned the hearing to August 5.
“How long do you take to hear such representations? A year and half? Should we issue contempt notice?” asked Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar.
They were hearing a contempt petition by Rashtriya Shramik Aghadi that alleged wilful and intentional disobedience of HC’s Jan 5, 2023 order. The union in a PIL had challenged March/May 2022 government resolutions (GR) issued by the Revenue and Forest Department to hand over 10 acres of land, a sea-facing property, to the Urban Development Department to develop an international tourist center and aquarium.
The GRs were withdrawn. A new GR in Feb 2022 set up a committee to consider how the land would be used. On Jan 5, 2023 HC directed the committee to decide on the unions’ representation. The contempt petition said immediately on Jan 16, 2023 the union made a detailed representation to the committee. Subsequently sent reminders and even legal/contempt notices asking what steps have been taken after HC’s order. The union said HC’s order “remains only on paper’’ and urged HC’s interference.
Advocates Uday Warunjikar and Sumit Kate, for the union, said the deputy CM heads the committee as its chairman. The State’s advocate sought time saying the file is submitted before the deputy CM. The judges said such a plea cannot be accepted as the decision is supposed to be taken by the committee that includes the DyCM, four ministers and three secretaries. “The principal secretary of the Department of Animal Husbandry and Milk Development being its member secretary, no explanation can be said to be satisfactory for such a delay of more than one and half year in taking the decision which the committee was required to take in terms of the order dated 5th January 2023,’’they added.
The judges noted that HC “had not expressed any opinion on the issue” but rather found it appropriate to direct the committee to take decision on merits, in accordance with law and in terms of government policy. “We cannot appreciate such a delay..,,’’ the judges said. Government pleader Priyabhushan Kakade later informed that a decision will be taken by July end. The judge adjourned the hearing to August 5.
