Mumbai: The Bombay High Court on Friday directed former Shiv Sena MLA Sitaram Dalvi to deposit Rs 5 lakh for the damage caused to a hotel`s property here during an agitation.
Dalvi was yesterday asked by the High Court to contact his party "bosses" and find out if they were ready to bear the cost of damages.
However, Dalvi today told the court that he could not contact his party chief or seniors due to lack of time.
Following this, the division bench of Justices Ranjana Desai and Mridula Bhatkar directed Dalvi to deposit the money by February 8.
"This is not a question of money but is a question of what signal should go to the people. This breaking of property, burning buses and trains must be banned," Justice Desai remarked.
Dalvi was directed by the Collector to pay Rs 7.88 lakh for the damage caused at Hotel Intercontinental in January last year during a protest held by over 500 Sena workers over labour-related issues.
Dalvi had approached the HC seeking a stay on the Collector`s order. He had earlier deposited Rs 2 lakh.
The High Court said that holding protests, sit-ins, etc was a Constitutional right, but destruction of public and private property was not permissible.
The court also cited the Supreme Court`s 2009 judgement where it laid down guidelines for recovering damages from orgainisers of political agitations, bandhs, etc.
When Dalvi`s lawyer, Advocate Shriram Kulkarni, asked for some time to pay the balance Rs 5.88 lakh, Justice Desai said, "Are you suggesting it is difficult...what is so great about it?"
Kulkarni had earlier argued that Section 51 of the Bombay Police Act (under which Collector issued notice to Dalvi seeking damages) was unconstitutional, as it does not contemplate a proper inquiry before liability to pay compensation is fixed.
He had also argued that there was no reason why Dalvi alone should be made to pay, when other members of party too were involved in the protest.
However, court said that this would be discussed when matter comes up for final hearing, but at present no interim relief can be given.
PTI
