MUMBAI, July 24: Two officers of the Brihanmumbai Municipal Corporation (BMC) had a narrow escape from spending a month in civil imprisonment for the contempt of a city civil court order.

Shekhar Todsam, ward officer of KEM Hospital, who was earlier the ward officer of the L ward, and K C Ravindran, an assistant engineer, were held guilty of contempt of a stay order passed by the city civil court on April 30, 1993, restraining them from demolishing the premises of Thakkar Laboratories at Kurla west.

Judge V C Singh, while upholding the notice of contempt of court on July 17, 1997, passed strictures against the BMC officials for grossly misusing ``the authority conferred upon them''. Holding the officers guilty of contempt, Singh refused the unconditional apology tendered by them and condemned both to one month's civil imprisonment. Each of them have also been directed to pay Rs 10,000 to the plaintiff. The court also ordered that the demolished structure be restored to its original state at the cost of BMC.

However, conceding to an unconditional apology tendered by the BMC in the review petition on July 22, Singh pardoned the officers but ordered it to pay Rs 1,000 to the respondent as costs. He also directed the plaintiff to bear the cost of construction till the final disposal of the matter. If the BMC lost the case, it will then have to recompense the cost.

Vandana Mathurdas Thakkar, the owner of Thakkar Laboratories, had filed a suit against the BMC, praying for a declaration that the respondents were not entitled to demolish the laboratory building. An ad interim order was passed in this regard on April 30, 1993 and the BMC was ordered to maintain a status-quo.

According to the review petition, the order was served on the officers on May 3, but it was brought to their notice only on May 5, 1995. During a routine inspection of the ward on April 26, the officers came across the alleged illegal construction and told Thakkar that it will be demolished on or after April 29.

The petition stated that only the illegal vertical extension was demolished on April 4, and the main structure was not even touched. Jernold Xavier appeared on behalf of the BMC.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.