Bombay HC Directs Planning Authorities To Crack Down On Illegal Construction In Navi Mumbai Or Face Contempt

Taking a stern view against the haphazard illegal construction plaguing Navi Mumbai which causes “enormous difficulties to the urban residents”, the Bombay High Court has directed the planning authorities – NMMC, MIDC and CIDCO – to take strict action against such illegal structures or face contempt. The court noted that the authorities have failed to comply with the 2018 judgment which directed them to demolish illegal structures and prevent new ones from coming up. 

The HC was hearing a PIL by Kishor Shetty raising concern about the illegal constructions already existing or being raised currently in Navi Mumbai and sought that appropriate action be taken against such illegal constructions. The court was hearing a contempt petition filed by Rajeev Mishra highlighting that the authorities had failed to act on 2018 judgment. 

A bench of Chief Justice DK Upadhyaya and Justice Amit Borkar, as a last chance, directed the authorities to “take adequate and appropriate steps” to comply with the judgment of November 4, 2018 and file respective affidavits failing which the court will be compelled to issue contempt of court notice. 

As the authorities insisted that they have been taking regular actions, the bench remarked it found it “difficult” to believe the same. 

Apart from action against illegal structures, the HC had directed the authorities to set up a grievance redressal committee with whom citizens could lodge such complaints. Also, the HC had directed setting up of special cells for proper coordination in case of conflict of jurisdiction. 

“There are various other such directions which apparently remain to be complied even after the lapse of six years of the judgment. We cannot appreciate such a situation,” the bench underlined. 

The court reminded the authorities that special duty has been cast on them to ensure that “haphazard urbanisation is checked” and the areas falling within their respective jurisdiction are developed in “planned manner” as per development regulations. “It does not take much for anyone to notice that on account of various factors, including lack of interest, laxity, and zeal on the part of the officers and the authorities of these bodies, the object of the legislation under which they have been created still remain unfulfilled causing enormous difficulties to the urban residents of the city of Mumbai,” the HC said. 

An affidavit was filed by NMMC stating that there are 6565 illegal constructions and it has undertaken partial demolition of 3096 constructions. 

It raised grievances that sufficient police protection was not provided at the time of demolition drives. There is a sanctioned strength of 78 police personnel for the Corporation to deal with law and order situations, however, there are only 28 police personnel available, which is insufficient. Out of 28 police personnel, many of them are deputed on other duties on certain special occasions like festivals etc. 

The HC has asked State Advocate General Birendra Saraf to take up the matter with the Government at an appropriate level, so that the appointment / placement against the entire sanctioned strength of 78 police personnel is made within a period of three months. 

The HC has kept the matter for hearing on December 18.