The Bombay High Court has ordered the expedited demolition of illegal structures near a Pune military installation, prioritizing national security over private interests. The court imposed a Rs 1 lakh cost on petitioners for nondisclosure of unauthorized reconstruction in November 2023. The Pune Municipal Corporation is promptly executing the demolition in compliance with the court’s directive.
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MUMBAI: On 27th February, the Bombay High Court emphatically stated-
“We make it clear that under no circumstances will we compromise the interest of the Union of India and the Ministry of Defence for the interest of private builders.”
The court directed the Pune Municipal Corporation to demolish specific buildings near a military installation in Pune by the end of the day.
The detailed order, issued by Justices Gautam Patel and Kamal Khata, reveals that the court imposed a cost of Rs 1 lakh on the petitioners who had not disclosed in their plea that the buildings were illegally reconstructed in November 2023.
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The case revolves around the construction of ten large furniture shops around the High Energy Materials Research Laboratory (HEMRL), a part of the Defence Research and Development Organisation (DRDO). Advocate Abhijit Kulkarni, representing the Pune Municipal Corporation, highlighted that the Ministry of Defence had been complaining since 2021 about the illegal constructions within 500 yards of HEMRL.
The corporation had issued show-cause notices for demolishing the illegal structures on February 12, 2024. Kulkarni informed the bench that the petitioners had obtained a stay on demolition during an earlier hearing, misrepresenting that the threat was only on February 12, 2024. He revealed that the actual demolition occurred on November 30, 2023, and the structures were unlawfully reconstructed by the petitioners.
The bench, after considering the submissions and reviewing demolition photographs, observed-
“There is no requirement in law that every petitioner who commits an illegality is entitled to the issuance of constant fresh notices.”
The court further noted-
“Such a petition is liable to be dismissed at any stage summarily.”
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Consequently, the bench lifted the interim stay on demolition, dismissing all the petitions and ordering a Rs 1 lakh cost against each petitioner, payable to a charitable purpose directed by the Municipal Commissioner of the Pune Municipal Corporation.
Following the court’s order, the Municipal Corporation promptly resumed the demolition of illegal constructions with the assistance of police protection teams. The legal proceedings emphasize the court’s commitment to upholding the interests of national security and defense over private interests.
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