Amid the model code of conduct, a three-Storey building was partially demolished in the Jari Mari area of Saki Naka, reportedly violating both the code of conduct and laws regarding unauthorized structures. The Brihanmumbai Municipal Corporation (BMC) conducted the demolition of a residential house on Wednesday, six days after a confrontation erupted between members of two communities over parking space. Reportedly, the demolition was ordered by Guardian Minister Mangal Prabhat Lodha.
The incident raises concerns about two violations: carrying out a demolition during the election period and a political figure potentially violating the code of conduct. According to the Compendium of Instructions of the Model Code of Conduct, any demolition or eviction drives should be temporarily suspended during elections to ensure free and fair elections and maintain the integrity of electoral rolls. However, no such suspension occurred in this case.
Compendium of Instruction of Model Code of Conduct states, wherever there are any problems in the implementation of the above decision of the Commission because of any orders issued by any Court of Law, the Government of the State or the Central Government, as the case may be, shall bring the matter to the notice of the Commission for appropriate directions to ensure due compliance with the Court’s orders." However, nothing of this sort has happened. "
As per the statement issued by Lodha’s office, “Minister Lodha understood the whole matter and gave instructions to demolish the unauthorised structures in the house of the goon who carried out deadly attacks on the Hindu families. As per Lodha's directive, the BMC reportedly demolished the unauthorized construction, leaving only the ground floor intact.
Mangal Prabhat Lodha's actions appear to contradict the instructions outlined in the Compendium. Speaking to LokmatTimes, an L Ward officer acknowledged the action taken. A senior BMC official clarified that the demolition was unrelated to the recent controversy but was in response to previous notices regarding illegal structures. The official promised to provide further details on the dates of notices sent.
Bombay High Court lawyer Lara Jesani said, "This is straight away abuse of power. Even if demolition is supposed to happen there is due process, first notice is sent, the opportunity of hearing is given, if a person is entitled to rehabilitation that is supposed to happen, and then only the authorities can look forward to demolition. In this case, even if the floors are unauthorised and the process is not followed, the case can be filed against the authorities."
A resident from Jari Mari Sector 66, speaking anonymously, said, "The incident stemmed out of minor neighbourly disputes over parking space, garbage, and water supply. The attack was wrong, for which he was arrested, an FIR was registered, and proper law was followed, whereas, in UP style, his house was razed. Police should have taken the lawful action, instead of revenge."
The altercation occurred on March 14, involving Iqbal Khan (50) and Siddesh Prakash Godpade (23), Rajesh Chettiyar (28), Tangaraj Chettiyar (58), and Laxmi Chettiyar (52) over a parking dispute. The BMC initiated the demolition drive on March 20, tearing down the two top floors of Khan's residence, conducted manually due to the narrow lanes in which the house was situated.