The Bombay High Court has directed the commissioner of Kalyan Dombivali Municipal Corporation (KDMC) and Commissioner of Police, Thane, to oversee the demolition of an alleged illegal construction in Dombivali after the civic staff and police personnel were “overpowered by a mob” when they went for demolition.
The court has asked the commissioners to “ensure that rule of law prevails and lawful orders of the court are not frustrated”. The KDMC, under police protection, went to demolish the Radhai Complex in Dombivali East on July 16, however, the residents allegedly overpowered them, thereby creating a law and order situation.
The KDMC passed a demolition order on March 9, 2021, following a complaint by Jayesh Mhatre, the owner of the land on which the complex was built. Mhatre alleged that Shri Swastik Homes constructed two buildings on his land during the Covid-19 lockdown period. One building is complete and possession has been handed over whereas the other is under construction. As the KDMC failed to demolish, Mhatre approached the HC in 2022 seeking direction to the civic body to enforce its demolition order.
During the last hearing on July 5, the KDMC assured the HC that the demolition drive will be undertaken on July 16. The HC, while disposing of Mhatre’s petition, had called for a compliance report on Friday.
However, on Friday, a KDMC advocate informed a bench of Justices MS Sonak and Kamal Khata that when its staff went for demolition, they were overpowered by the mob. She also said that the assistant municipal commissioner had complained to the police.
Mhatre’s advocate Suhas Deokar submitted that the residents, with the help of a local political leader’s help, did not allow the KDMC to demolish the illegal structure.
Five residents of the alleged illegal structure approached the HC on Friday seeking to intervene contending that they were not served any demolition notice.
The bench, however, said that since the KDMC’s demolition order was not challenged, there was no question of allowing the intervention in Mhatre’s petition, which was disposed of. “The demolition order is not challenged. Without challenging you (residents) are doing this ruckus,” Justice Sonak said.
The court was also surprised at the stalled demolition, and said, “Anybody can gather 500 people and stop it (demolition)?”
The bench then asked the commissioners to ensure that rule of law prevails and lawful orders of court are not frustrated. It also asked the police commissioner to investigate the FIR registered by the KDMC.
The commissioners have been asked to file a compliance report by August 12 about “implementation of the KDMC demolition order and also status report in the action taken against those obstructing such enforcement by using physical force”.
