Karnataka HC warns BBMP bosses of contempt over potholes.

Source – newindianexpress.com

BENGALURU:  The Bruhat Bengaluru Mahanagara Palike (BBMP) is in a tight spot over its defiance of the Karnataka High Court’s earlier directives regarding potholes on city roads. The High Court on Wednesday said it will issue contempt notices to the BBMP Mayor, Deputy Mayor, the Leader of Opposition in BBMP Council and chairpersons of the Palike standing committees.

The notices under Contempt of Court Act pertain to BBMP’s defiance by not publicising details about compensation due to be claimed by citizens who have suffered damage or injuries caused by potholes on city roads. The court had given three opportunities earlier to BBMP to give publicity to these details. But on Wednesday too, the civic body was found wanting when the court reminded it about the issue.The BBMP, in turn, told the court that the issue was pending before the BBMP council.

Asking the BBMP counsel to furnish the list of names of the Mayor, Deputy Mayor, Leader of Opposition in BBMP Council and chairmen of standing committees by Thursday morning, a division bench of Chief Justice Abhay Shreeniwas Oka and Justice Pradeep Singh Yerur came down heavily on the BBMP, describing its act as open defiance of the court order.  

No provision for relief, says BBMP

Palike counsel K N Puttegowda said that though they were bound by the orders of the court, the directive of the court with regard to compensation involved financial issues and there was no such provision under Karnataka Municipal Corporations Act for payment of compensation, etc. Hence, the BBMP came to a conclusion to place the matter before the Council and for its approval from the government.

The court then said, “If they (BBMP) say there is no provision under KMC Act to implement the directive, then we have to ask whether there is provision in the Act for potholes on the streets and for illegal constructions… Give us the names of the political leaders who have taken such an adverse decision sitting with the Commissioner. They must learn a lesson if they are to interfere with the court order,” the court said, adding that no leniency must be shown for such behaviour. “We will not tolerate it when it comes to the matter of prestige of the court.”

The bench said, “It (BBMP) can challenge our orders before the Supreme Court which may set it aside. But BBMP cannot sit like this without complying with the court orders. We must come down hard on this tendency. But tomorrow, be sure that we will issue contempt notice,” the court told the BBMP counsel.
In an affidavit filed before High Court, BBMP Commissioner B H Anil Kumar said he had taken up the issue with the Mayor, Deputy Mayor, leader of Ruling party, Standing Committees on Public Works, Taxation and Finance, Public Health and Leader of the Opposition.

An unanimous decision was taken to place the matter before the Council to pass appropriate resolution which would be sent to the Urban Development Department for framing of appropriate rules. The BBMP has preferred a Special Leave Petition before the apex court challenging the High Court directive and the plea is being listed shortly for hearing, the Commissioner stated.