Mumbai: Observing that ‘every law was flouted’, the Bombay high Court has directed the Thane Municipal Corporation (TMC) to initiate demolition action, as per the law, against one illegal building and a bungalow in the Kharegaon area. The court has directed the TMC to give notice to the occupants of these structures giving three weeks to vacate and demolish the structure on their own, failing which the corporation may proceed to demolish the structures as per law.
The HC was hearing a public interest litigation (PIL) by Altaf Chaudhari seeking demolition of 138 residential units, including some bungalows which have been constructed without any permission on government land. Petitioner’s Advocates Saurabh Butala and Harshad Sathe submitted that Chaudhari had written a letter in January 2021 to the authorities bringing the illegal constructions to their notice. However, as he did not receive any reply, he approached the HC.
Although the TMC has admitted that these structures are illegal, it has not taken any action. “The respondent corporation in its affidavit-in-reply has admitted that the constructions in question are illegal. The affidavit further states that various steps have been taken by the corporation for the demolition of such structures, however, the fact remains that despite the pendency of this PIL petition since 2022, the illegal structures have not been demolished,” a bench of Chief Justice DK Upadhyaya and Justice Amit Borkar said on Wednesday.
Rapping the civic body, the bench said: “Every single law has been flouted and you haven’t done anything. Now you say 500 people are residing so you can’t demolish. It came up before you.”
TMC’s advocate Mandar Limaye informed the court that they had issued a stop work notice, to which the bench quipped: “And yet you could not stop the work.” Limaye further said that they have asked the district sub-registrar Thane Urban not to register any sale agreement related to these properties.
The bench expressed astonishment as to how an entire building and some bungalows could be constructed on government land without anyone’s knowledge. “One or two tenements we can understand. But towers and bungalows…” Chief Justice remarked.
The HC then directed the department concerned of the TMC to “examine each such illegal construction” and publish a notice for demolition, in accordance with law. The court has directed to add these unit owners or occupiers of such units as respondents.
It directed the respondents to file their replies within four weeks. The petitioner has been asked to file a rejoinder affidavit in two weeks thereafter. The court has asked the civic body chief to file his affidavit “giving details of the steps which might be taken in the meantime for ensuring compliance of this order and also for ensuring for removal/demolition of the illegal constructions”. The HC has kept the matter for hearing on October 9.
