Bombay High Court Takes Firm Stand Against Illegal Constructions, Constructions, Promises Action
In a significant move, the Bombay High Court on Monday expressed its deep concern over the unchecked growth of illegal constructions in the city. The court emphasized that the era of turning a blind eye to such unauthorized developments must come to an end.
The Bombay High Court questioned the Maharashtra government, seeking clarity on any potential solutions to combat these unauthorized constructions.
“For long, illegal constructions have been proliferating. It’s time to change the mindset that these structures will remain untouched,”
the court remarked.
Justices Gautam Patel and Kamal Khata, who presided over the division bench, expressed their determination to ensure that such rampant illegal constructions do not continue under their jurisdiction. The bench had, on its own accord, addressed the issue of an unauthorized four-storey residential building in Navi Mumbai last month. This building comprises 29 flats, of which 23 are occupied, five are locked, and one remains vacant.
Highlighting the misleading assurances given to potential buyers, the court noted,
“Many occupants have been convinced to purchase flats under the belief that ‘kuch nahi hoga’ (nothing will happen). We aim to change that perception to ‘kuch toh hoga’ (something will happen).”
The bench underscored the severity of the situation by pointing out that the said building has both electricity and water supply, both of which have been obtained illegally. Justice Patel commented,
“Individuals are exploiting the system, thinking, ‘What will they do to me?’ or ‘We’ll handle it.’ This mindset has emerged because many have been indulging in such practices without facing consequences.”
Justice Patel further elaborated on the frequent instances where individuals approach civil courts to obtain a stay against any proposed action by civic authorities.
“This pattern needs to be broken. We are determined to ensure that such activities do not continue under our supervision. Many such incidents have occurred due to court interventions,”
he stated.
Drawing attention to the gravity of the situation, Justice Patel remarked,
“We need to introspect. Every time, it’s the same story – people approach the court and secure a stay. The Navi Mumbai building case is a glaring example of how things have gone awry.”
The court also referenced the 2019 demolition of apartments in Maradu, Kerala, due to alleged CRZ violations.
“The Supreme Court took decisive action despite numerous claimants. If a construction is illegal, it must be dismantled,”
the bench asserted.
The High Court urged the Maharashtra government to present a viable solution to these unauthorized developments.
“We cannot envision a scenario where the government is incapacitated against such widespread illegal structures,”
the court emphasized.
The court further clarified its stance,
“We aren’t discussing minor illegal modifications in an existing building. We’re addressing the issue of an entire building being unauthorized.”
In a decisive move, the bench instructed the court receiver to assume control of the land and the four-storey building. Notices have been issued to the developer and the 23 occupants. Furthermore, the court decreed that none of the owners can sell or transfer rights of their flats to a third party.
The matter has been scheduled for a subsequent hearing on October 4.
