Mumbai: The Bombay High Court, on Wednesday, asked under what authority Deputy Chief Minister Eknath Shinde, who is also the state urban development minister, stayed demolition notices issued by the Navi Mumbai Municipal Corporation (NMMC) against two allegedly illegal buildings in Vashi.
Petition Filed to Enforce NMMC’s Demolition Notices
A bench of Justices Ravindra Ghuge and Ashwin Bhobe was hearing a petition filed by NGO Conscious Citizen Forum challenging Shinde’s March 13 stay order. The NGO has urged the court to quash the order as “arbitrary, illegal, ultra vires and untenable in law”, and direct the NMMC to enforce its March 3 demolition notices.
According to the plea, NMMC had issued the notices under Section 53(1A) of the Maharashtra Regional and Town Planning Act after years of delay and repeated complaints from activists. The targeted structures include the 14-storey Naivedya building, which allegedly violated FSI (floor space index) norms and approved plans, and the Dwing of Albela, a seven-storey building rebuilt in 2003 after the original Cidco structure was demolished. The petition notes that neither building has an occupation certificate, yet flats have been sold to third parties.
Court Notes Serious Issue Over Illegal Structures
The court observed that although the petition did not involve encroachment on public land, it raised a serious issue regarding illegal structures. “After due procedure, the competent authority concluded that demolition was necessary and issued notices. However, on the very same day the housing societies approached the Deputy CM, he stayed the proceedings, thwarting further action,” the bench said.
The assistant government pleader sought time to take instructions and respond. The court has listed the matter for further hearing on September 20.
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