The Bombay High Court raised alarm over 2,100 illegal constructions in Navi Mumbai, calling it a “systemic failure” caused by officials–developer nexus. The Court said the Maharashtra government cannot remain a “passive spectator” while home buyers suffer.
Mumbai: The Bombay High Court has shown serious worry about the huge increase in illegal buildings in Navi Mumbai. The Court said that the Maharashtra government cannot act like “a passive spectator” when thousands of middle-class home buyers are suffering because government authorities failed to control illegal construction.
A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad made these remarks in an order passed last week on a public interest litigation (PIL) filed by local resident Sandeep Thakur.
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The detailed order became available on Wednesday. The bench said that the large number of buildings made without permission, or in violation of approved plans, clearly shows a much bigger problem in the system.
According to data provided by the Navi Mumbai Municipal Corporation (NMMC), there are 2,100 illegal structures across the township.
The Court said this large figure
“reflects a serious and systemic failure, indicative of a nexus between tainted officials and developers” and called the situation “a matter of grave concern.”
The judges further said that the state cannot just watch when innocent home buyers are the ones who end up in trouble due to these violations.
Even though the High Court agreed that the issue is extremely serious, it decided to dismiss the PIL. The bench explained that another division bench had already passed directions in March, telling NMMC to finish a full survey of illegal constructions and to send notices before taking action.
Because similar directions already exist, the Court said there was no need to issue fresh orders. However, the bench made it very clear that the dismissal of the PIL does not mean the Court supports any violation of rules.
It said,
“Such persons cannot be permitted to evade liability/accountability for the sufferings of the home buyers,”
and added that government authorities can still take strong action against developers and officials who acted illegally.
During the hearing, the petitioner highlighted the case of Palm Beach Residency, a large housing complex with more than 600 flats in six wings, which he said was occupied even though it did not have an Occupation Certificate (OC).
The Court noted that NMMC had already issued a provisional OC earlier this year. The bench said that such a certificate would not have been given if major violations were still present.
The judges also refused to re-check technical construction details of the project, explaining that such matters fall in the “exclusive domain of the planning authority.”
The Court also stressed that home buyers cannot be punished for the wrongdoings of builders. It said that ordinary residents should not be held responsible for problems created by developers and corrupt officials.
Repeating its stand on accountability, the bench said that those responsible for the illegalities must face strict action.
It also said that the Maharashtra government and NMMC are free to start proceedings against any person involved in the widespread illegal construction activities.
Illegal buildings have been a long-standing issue in Navi Mumbai. With these strong observations, the Bombay High Court has increased the pressure on the state government and civic authorities to show better control, take strict action, and protect home buyers from being harmed by unlawful construction practices.
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