Mumbai: Expressing anguish over the mushrooming of illegal constructions across Maharashtra, the Bombay High Court has said that despite repeated orders, “municipal bodies are still to wake up from their deep slumber.”
The court rapped the Malegaon Municipal Corporation (MMC) for its inaction against illegal encroachments on a plot of land reserved for the construction of a police station and staff quarters.
A bench of Justices Girish Kulkarni and Aarti Sathe, on November 4, while directing the MMC to take action against the illegal encroachments, observed: “This is yet another petition which reflects the apathy and complete dereliction of duty on the part of the Malegaon Municipal Corporation in not taking action against complaints made to remove illegal constructions, which are mostly rampant in cities like Mumbai and its neighbouring districts/areas.”
Highlighting the apathy of civic bodies, the HC said: “Although there are several decisions of the Supreme Court and this Court deprecating unauthorized and illegal constructions, it appears that municipal bodies are still to wake up from their deep slumber.”
Petition Filed By Family
The HC was hearing a petition filed by a family alleging that the MMC failed to act against encroachments despite repeated complaints. An application was also filed by certain persons claiming that they had purchased the land.
According to the petitioners, their father, Abdullah Gulam Mohammed, had purchased the plot measuring about 9,524 square metres under a registered conveyance deed dated August 20, 1986, from the original owners at the market rate. On a proposal by the petitioners’ father, the Town Planning Authority, after following due process and procedure, granted Non-Agricultural (NA) permission on July 2, 1986.
Dispute Over Reserved Land
Around 1999, when a revised development plan was prepared, the plot was reserved for a police station and staff quarters — a move to which the petitioners objected. Despite such reservation, the plot has not been acquired till date, and no steps have been taken by the authorities, the plea contended.
In 2005, the petitioners approached the MMC seeking permission to construct a building, which was denied on the ground that the plot was reserved for a public purpose.
The petitioners objected, stating that because the plot had not been acquired by the authorities, the reservation had automatically lapsed/expired. The plea further alleged that certain persons, in connivance with MMC officers, had encroached upon the plot and carried out illegal construction.
Court Criticises MMC’s Inaction
The court expressed surprise at MMC’s reply affidavit, which “categorically” stated that the “dispute is an inter se dispute and that they have many more important works of public nature that deserve the attention of MMC.”
The affidavit further stated that this dispute, being “purely for the personal benefit” of the petitioners, does not deserve any “priority” as there are many more important works of “genuine public nature” that MMC must look into.
“It is rather surprising to note the tenor of this affidavit and quite shocking to note that the rampant illegal constructions that have taken place on the petitioners’ plot do not deserve any attention from the MMC. The MMC has chosen not to take any action and is shirking away from its responsibility,” the bench observed in its order, wondering what could be of greater priority for the MMC than the removal of illegal constructions.
MMC’s Contradictory Stand
In the same breath, the MMC contended that although it had initiated action against the illegal constructions, it could not complete the process due to a lack of police protection.
“The MMC, by taking such contradictory stands, cannot shirk away from its legal obligation and duty to take action against unauthorised construction," the bench underlined.
Demolition Ordered
The court emphasised that illegal constructions cannot be tolerated and must be demolished as mandated by law.
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The court has directed the MMC to demolish the illegal constructions on the plot within 30 days, after following due legal procedure and, if required, with requisite police protection. It clarified that the contentions of the parties in the intervention applications are kept open only in respect of their rights concerning the land, and not the illegal constructions.
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