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State granting security to violator builders and developers, says HC

The court passed the order on a plea filed by a person seeking the demolition of an illegal and unauthorised construction carried out by three others on land they own in Palghar. The petitioner claimed he had to approach the high court, as the civic authorities had failed to take action despite issuing a demolition notice

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A representation picture of the Bombay High Court. File Pic/Getty Images

A representation picture of the Bombay High Court. File Pic/Getty Images

The dichotomy of the state in not taking action against illegal structures and granting security to violator builders and developers is evident and unacceptable, said the Bombay High Court while ordering the demolition of an illegal structure in neighbouring Palghar district. A bench of Justices AS Gadkari and Kamal Khata said inaction by the guardians of law, resulting in illegal acts, incites social unrest and shakes the social fabric.

"We are constrained to take a judicial notice that the local authorities, competent authorities and municipal corporations, routinely refrain from taking consequential actions after issuing notices, such as demolition, and more importantly, prosecution of the law violators," the court said in its judgment dated June 17.

The bench said, “Recovery of money from those builders/developers (violators) is only a distant dream and takes decades for final adjudication and execution.” The court noted that the builders/developers, along with civic officials and police responsible for such illegalities, have so far escaped accountability or any punitive action.

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