Is MLA above Court? HC pulls up Maharashtra civic body over stop-work orders

The Bombay High Court questioned MBMC for issuing stop-work notices to a developer despite its earlier restraint order. The bench accepted the commissioner's apology for now, sought an affidavit, and asked that the notices be withdrawn.Civic body to withdraw stop-work orders after court rap. (Representative image)The Bombay High Court sharply pulled up the Mira Bhayandar Municipal Corporation (MBMC) for issuing stop-work notices against a developer despite a court order restraining adverse action. Questioning whether a BJP MLA's letter carried more weight than a High Court directive, the bench issued a show-cause notice after the civic chief apologised and assured the court that the action would be rolled back.BOMBAY HIGH COURT QUESTIONS MBMC OFFICIALSA bench of Acting Chief Justice Ravindra V Ghuge and Justice Gautam A Ankhad came down heavily on MBMC Commissioner Radhabinod Sharma and a town planning official over the civic body's actions against Grandbuild Land Developers LLP.The court noted that MBMC had repeatedly issued stop-work notices against the developer despite an existing High Court order restraining it from taking adverse action.The bench questioned why the officials acted on a letter from BJP MLA Narendra Mehta while disregarding an order passed by a division bench of the High Court. "So MLA for you is above the High Court? What prompted you to obey an MLA to disobey a division bench order? You have shocked us by your behaviour," the bench remarked.STOP-WORK NOTICES DESPITE COURT ORDERGrandbuild Land Developers LLP is developing a 33-storey residential project and a primary school in Bhayandar. The developer had approached the Bombay High Court after MBMC issued stop-work notices. On April 27, a co-ordinate bench, then headed by Justice Ravindra Ghuge, stayed the action and directed that no adverse steps be taken against the developer.However, MBMC subsequently issued stop-work notices in May and June, citing a letter from BJP MLA Narendra Mehta seeking amendments to the project's plans.The action had further consequences for the project. MahaRERA froze its accounts and halted sales registrations on July 21.CONTEMPT ACTION PUT ON HOLDThe High Court initially warned the officials of possible contempt proceedings and referred to a past precedent in which Karnataka's Chief Secretary was jailed for contempt.The bench, however, refrained from issuing a contempt notice after Commissioner tendered an apology and said he was unaware of the High Court order at the relevant time.Senior advocate Birendra Saraf, appearing for Grandbuild Land Developers LLP, urged the court to issue a simple show-cause notice instead of initiating contempt proceedings, taking note of the commissioner's apology. The bench accepted the request.Following the court's strong observations, MBMC assured the bench that all stop-work communications would be formally withdrawn and the decision would also be conveyed to MahaRERA.The court directed Commissioner to file an affidavit tendering an apology and posted the matter for further hearing on September 24.- EndsPublished On: Aug 21, 2026 22:29 IST