'Govt Must Act Against Illegal Construction Of Influential People': Bombay HC

'Govt Must Act Against Illegal Construction Of Influential People': Bombay HC

Kadam has challenged this MoEFCC order before the high court. Also, a civil suit is pending before a Khed court.

Urvi MahajaniUpdated: Saturday, June 15, 2024, 01:57 AM IST
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Bombay HC | File

Observing that illegal construction cannot be protected only on the grounds of mala fide, the Bombay High Court said that the Maharashtra government must take action against illegal construction of influential people as well.

Justice Madhav Jamdar made the remark on Friday after Sadanand Kadam, a close aide of Shiv Sena (UBT) leader Anil Parab, said the action was taken for mala fide purposes against his resort at Dapoli, Ratnagiri, due to political rivalry.

The HC was hearing a plea filed by Kadam challenging the demolition notice issued by the additional collector on December 6.

On March 18, Kadam undertook to demolish the second floor of the resort by April 15. However, he tendered an unconditional apology on May 10 for not complying with the March 18 order and assured the court that the portion shall be demolished within 10 days.

On Friday, Kadam’s advocate Saket Mone submitted his compliance affidavit dated June 10 informing that the excess portion of the second floor, except a lift shaft, was demolished. The said portion was allegedly found to be in violation of the September 2017 order/permission given by the sub-divisional registrar, Dapoli division.

Pending hearing in this petition, an order was passed by the Ministry of Environment and Forest and Climate Change (MoEFCC) under the Environment (Protection) Act directing the demolition of the entire resort.

Kadam has challenged this MoEFCC order before the high court. Also, a civil suit is pending before a Khed court.

Justice Jamdar noted that the record shows that the construction seemed to be carried out in violation of CRZ (coastal regulation zone) notifications.

Mone contended that the action was taken against the resort due to political rivalry. Also, there are other constructions by various influential people which are in violation of CRZ norms.

“As far as influential people are concerned, you (State) are completely silent. You are taking action against small people,” Justice Jamdar remarked.

On a lighter note, Justice Jamdar remarked, “His (Kadam) only difficulty is he has not switched sides. Otherwise, his entire construction would have become legal.”

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