HC slams Palike for submitting wrong affidavit

The high court on Wednesday pulled up the BBMP for submitting an incorrect affidavit in a matter related to the demolition of illegal commercial establishments in Madiwala.

“The BBMP is not above the law. An action shall be initiated against the officer who submitted the incorrect affidavit. It is not correct on the part of the BBMP advocate to come here without filing a memorandum on the incorrect affidavit and without taking any action,” a division bench led by Chief Justice Abhay S Oka said.

The observation came during the hearing of a public interest litigation petition on the demolition of 88 illegal shops on a road in Madivala.

The bench slammed the corporation for its repeated failure to comply with the court’s order.

On August 28, the court had directed the civic body to clear all the 88 illegal shops on Madivala road. The Palike had filed an affidavit stating that it had challenged the HC’s order in the Supreme Court. However, on Wednesday, advocate for the BBMP stated that Palike had not challenged its order in the top court.

Irked over the admission, Justice Oka questioned the advocate: “How can ask for more time on this? How do you expect the court to accept a memorandum on the incorrect affidavit?

“First of all, the authority has not taken any action against the officer who submitted the incorrect affidavit. The court will grant time only after you (BBMP) take appropriate action,” the justice said.

Meanwhile, while hearing a case related to illegal flex and hoardings clearance, Chief Justice Abhay S Oka told to BBMP advocate: “All of you know that the court does not believe in any affidavits the BBMP filed.”

The chief justice said the order in connection with illegal advertising flex and hoardings in the city will be passed on Thursday.