However, considering that Khairnar's case is still pending before the division bench of the Chief Justice, the BMC counsel offered to withdraw the proposal and introduce a fresh notice of motion. Counsel for Khairnar have also been given leave to file an affidavit. The matter will now come up only after the court vacation, after June 7.

G R Khairnar, the BMC's original demolition man, had won a case at the Bombay High Court against the municipal corporation's suspension orders, and Justice Lodha had directed the corporation to reinstate him. However, in an appeal, the division bench of the then Chief Justice M B Shah had stayed the reinstatement, provided that Khairnar is given his fullsalary plus all amenities.

Khairnar's bungalow is located at the Mahatma Gandhi Smarak Swimming Pool at Shivaji Park, Dadar. The BMC counsel told the bench of Chief Justice Y K Sabharwal and Justice S Radhakrishnan that repairs to the pool which were being conducted were completed, and now, the bungalow was needed to house the manager of the swimming pool. ``Where was the manager staying all these years,'' asked Chief Justice Y K Sabharwal, to which the counsel replied that since the pool was under repairs, the manager was not living in the premises. ``But now that the swimming pool is repaired, we want the bungalow for the manager. We are willing to give Khairnar another house,'' he submitted.

Counsel for Khairnar however objected to the manner in which the BMC moved the matter. ``They sent us a notice at 8.30 yesterday night that they will move court at 2.45 pm today,'' he said. ``We might want to file an affidavit''. Talking to presspersons later, Khairnar said the swimming pool manager was only anoffice superintendent who had a separate accommodation in the area. ``In most cases, they lived in premises away from the swimming pool. They never lived in the bungalow,'' he said, ``I have been living there for the past 15 years''.

As the matter came up before the bench today, Justice Radhakrishnan remarked that the BMC should reinstate Khairnar. ``Take him back,'' he said, ``you need officers like him''. The BMC counsel was taken aback at the remark and was unable to respond. Khairnar, who was suspended in 1994, will retire from service on June 1, 2000.