Mumbai, July 16: The Bombay High Court has asked the Maharashtra government to put in place a clear policy on the kinds of alterations flat owners can make without prior municipal approval, observing that the lack of clear rules has contributed to widespread unauthorised modifications in residential buildings.
Court Seeks Clear Policy
A Bench of Justices Ajey Gadkari and Kamal Khata said the proposed framework should clarify whether residents can install protective grills, cover open terraces with lightweight structures, divide or merge spaces using wooden or gypsum partitions, or reallocate utility areas without prior approval.
“Such clarity is necessary to encourage citizens to abide by the law and avoid widespread uncertainty,” the Bench observed.
The directions came while hearing a petition filed by Panvel resident Ravindra Kini against the Panvel Municipal Corporation (PMC) over alleged inaction on his complaints against unauthorised alterations made by a resident of the Neel Sidhi Amarante housing society in Kalamboli.
Kini alleged that the flat owner had, under the guise of renovation, enclosed open terraces by constructing brick walls and covering them with tin sheets, erected a permanent balcony shade and extended a bedroom by demolishing partition walls without obtaining permission. He also claimed the construction caused nuisance and raised concerns over the building's structural stability.
PMC Directed To Act
The PMC admitted that the terrace enclosures were unauthorised and informed the court that while it had demolished the tin sheds in 2021, further action was stalled because a civil court had granted status quo in a suit filed by the then owner.
The High Court found that similar unauthorised alterations had been carried out by several other residents in the society. Rejecting the argument that one flat owner was being singled out, the Bench directed the PMC to examine all such constructions and take action within six months.
“Large-scale unauthorised constructions cannot be permitted to continue merely because similar illegalities have been committed by several persons,” the court said.
The Bench also criticised the delay in acting on Kini's complaint, noting that it took the civic body nearly two years to respond. “Municipal Corporations cannot turn a blind eye to illegal constructions and act only when compelled to do so by judicial orders,” it said.
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Online Approval System Suggested
The court suggested creating an online portal for residents to upload plans and photographs of proposed alterations so authorities can quickly decide whether prior permission is required.
It directed the Registrar to communicate the judgment to the Urban Development Department for framing appropriate rules, circulars or guidelines.
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