HC slams state move to protect 66K illegal bldgs

Mumbai: The Maharashtra government’s propensity to issue ordinances to save illegal structures has drawn flak from the Bombay high court. 

    “The laws regarding town planning cannot be defeated by tolerating such large number of unauthorized structures,” said a division bench of Justice Abhay Oka and Justice M S Sonak recently. “Such toleration of structures is nothing but encouraging the wrongdoers who treat the law with contempt. The state cannot encourage illegalities. The state cannot discourage those who abide by law by obtaining permissions before making construction,” the judges said. 
    The court’s observations came after it was informed of a proposal by a committee headed by a state minister seeking to bring in a special law to protect over 66,000 illegally constructed structures in Pimpri Chinchwad. The HC was hearing a plea by the owner of an illegally constructed hotel in the town. The state has earlier issued ordinances to save illegal structures in Ulhasnagar and was also considering such special laws to protect illegal structures in Kalyan-Dombivli and Thane. 
    “No debate is required to observe that such large-scale unauthorized constructions have completely disturbed the concept of planned development of the city for which municipal corporation has been constituted,” said the judges. “Such large number of unauthorized structures will place unbearable burden on the basic amenities. The citizens who are residing in the lawfully constructed buildings and structures will be thus deprived of their legitimate right to effectively enjoy the beneficial amenities as 66,000 illegal constructions will place unbearable burden on the public amenities provided in the city for the benefit of law abiding citizens.” 
    Disapproving the proposal, the court asked the state government that before taking a decision, it should keep in mind orders of the high court which had said that “such a policy encourages the violators of law and gives confidence to the violators of law that illegal structures would be tolerated even in future”. 
    Meanwhile, the HC gave its go-ahead for the Pimpri Chinchwad Municipal Corporation to act against an estimated 66,000 illegal structures in the township. The court also directed the police commissioner to provide protection to the municipal chief and the demolition squad. This came after the court was informed that the earlier civic chief had reported about threats to his life over the issue of action against illegal structures. The court also ordered action, including notices to be issued to owners of illegal structures, criminal cases to be filed and demolitions be undertaken by the corporation. 
BMC eviction bid fails on 4th day 
    The BMC was unsuccessful in vacating adilapidated building at Kherwadi in Bandra (E) for the fourth consecutive day on Tuesday. Shivaji Nagar tenement building number 3 was declared “dangerous beyond repair level”. As soon as a BMC team visited the site to disconnect water and power supplies, 500 residents gathered at Kherwadi junction to oppose the eviction drive. Around 17 tenements are likely to be affected by the eviction. “We have postponed the disconnection of water and electric supply by two days,” said Ajitkumar Ambi, assistant municipal commissioner, H (East) ward.— Linah Baliga

Shivaji Nagar bldg 3 at Kherwadi has been declared dangerous