The division bench of Justices Gautam Patel and Kamal Khata said that as a court, it wants to send out a message that rampant illegal constructions will not be allowed to happen “in its watch”.
Bombay High Court/ File Photo
The Bombay High Court on Monday said that for long illegal constructions have been mushrooming; they added that the time, however, has come now to change the attitude that nothing will happen to such structures, reported PTI. The HC asked the Maharashtra government to say if there is any solution to control such unauthorized development.
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The division bench of Justices Gautam Patel and Kamal Khata said that as a court, it wants to send out a message that rampant illegal constructions will not be allowed to happen “in its watch”, the PTI report stated.
Reportedly, the bench had suo moto taken up the issue of an unauthorized four-storeyed residential building in Navi Mumbai last month. Of the 29 flats in the building, 23 were occupied, five locked and one vacant. The court noted that the 23 occupants were persuaded to take flats saying no action will be taken and added that the bench will change it. “Kuch toh hoga (something will happen),” the bench noted.
During a hearing on Monday, the bench said the situation is grave as the building has both electricity supply and water connection which were procured illegally.
The PTI report quoted Justice Patel saying that stakeholders will have to stop pointing fingers at individuals and that several persons have been taking advantage thinking no action will be initiated against them given no one has been penalised.
The bench also noted that many times, a person approached civil courts and procured stays against coercive action from civic authorities.
"This needs to stop. We believe we must act without any further delay. I want to send out a message that we won't let it happen on our watch. We will not permit this on our watch. Much of such things have happened because of courts," Justice Patel noted. He further termed the rampant illegal construction as something “utterly gross”.
The court referring to the 2019 demolition of apartments at Maradu in Kerala for alleged CRZ violation, said that if a building is illicit, it has to go.
The HC further asked the state government to inform if it has any solution to such unauthorized development and said that a situation where the government is powerless to stop such structures’ construction is incomprehensible.
The court further clarified that building an entire structure which is illegal should be dealt with as a class of its own and not like illegal construction in an already existing building.
Reportedly, the bench directed the court reviewer to take the building and the land’s possession and issued notices to the developer and 23 occupants. They also said that the owners cannot sell or create third-party rights to the flats and added next hearing will be held on October 4.
With PTI inputs
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