Bombay High Court Issues Stringent Orders Against Illegal Constructions in Navi Mumbai and Kalyan-Dombivli
Navi Mumbai/Kalyan, 4th February 2024: The Bombay High Court has taken a resolute stance against illegal and unauthorized constructions in the Municipal Corporations of Kalyan-Dombivli and Navi Mumbai, emphasizing the need for their demolition or removal. The court has also mandated preventive measures to curb future occurrences of such constructions.
In a series of three separate orders issued within a week, the court directed civic bodies to conduct surveys and take corrective actions against unauthorized structures. On January 31, a division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor ordered the Navi Mumbai Municipal Corporation (NMMC) to conduct a comprehensive survey within its jurisdiction. This order stemmed from a Public Interest Litigation (PIL) expressing concerns about ongoing illegal constructions. The court warned of potential contempt proceedings if law enforcement officials failed to assist in the dismantling of unauthorized structures.
The court highlighted Section 52A of the Maharashtra Regional and Town Planning (MRTP) Act, emphasizing the state government’s authority to formulate a scheme for the regularization or compounding of structures constructed illegally on or before December 31, 2015. Structures built irregularly after this date are excluded from this provision. The NMMC is tasked with identifying illegal constructions, notifying owners or occupiers, and assessing applications for regularization for eligible structures. The court also called for a list of structures erected post-December 31, 2015, with instructions to initiate legal actions against them.
Simultaneously, a bench led by Justices Gautam S Patel and Kamal R Khata directed the Kalyan-Dombivli Municipal Corporation (KDMC) to remove unauthorized constructions wherever identified, regardless of the parties involved. The court explicitly stated that no police officer is exempt from implementing court orders and warned of potential contempt proceedings against police authorities if they continued to refuse to act on court directives.
