Loksatta Communication: Urban India Governance in crisis - Mumbai is the fit case to set it right - Public Interest Litigation no: 13 coming for hearing tomorrow in Bombay High Court.
Surendra Srivastava
Loksatta Communication:
Lok Satta Movement and Foundation for Democratic Reforms has filed a Public Interest Litigation against misapplication and misinterpretation of 74th Constitutional amendment in letter and spirit resulting into toothless and non- effective the basic fundamental of the judgement and fundamental of genuine representation to communities and participation of citizen to make local self-governance effective by ensuring accountability of authorities. The State of Maharashtra and MCGM have diluted and rendered ineffective the very purpose and object of 74th Constitutional amendment by introduction of Sections 50 TT, 50 TU, 50 TV, 50 TW, 50 TX of the Municipal Corporation Act, 1888 relating to the constitution of Ward Committees in the letter and spirit. This has also resulted into the Authorities failing to discharge effectively the basic services and facilities because of failure to hold regular elections, prolonged supersessions, unaccountable/non-transparent system and processes, deployment/creation of multiple agencies in having overlapping functions, state government's interference and inadequate devolution of powers, functions and funds. As a result, local body has failed to perform effectively as vibrant democratic units of self-government.
The aforesaid Public Interest Litigation was first moved before the Hon’ble High Court on 9th June 2017 for ad-interim reliefs and interim directions, when time was sought by Respondents to file their response to the petition by filing their Affidavit-in-reply. Thereafter the matter had appeared on 20th July 2017, 18 August 2017 and on 4 September 2017 but no Affidavit-in-Reply has been filed to taking the matter. The failure to file the Affidavit by the Authorities has resulted in unwarranted delay in proceeding further with the matter.
The captioned matter raises a vital issues touching the lives of the 125 million citizen and in vogue of the Municipal Corporation having declared the Development Control and Promotion Regulation, 2034 on 25th April 2018. If Petition finally succeeds, it will empower the citizen to monitor the execution of new DP plan and ensure that it is implemented in a accountable manner.
The matter has been placed for directions tomorrow before the Division Bench comprising of His Lordships, the Hon’ble Mr. Justice Shantanu S. Kemkar and Mr. Justice Makarand Subhash Karnik.
Ref: PIL 13 of 2017
--Surendra Srivastava
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