Aghast at the humanitarian crisis created by the 1.65 lakh unauthorized tenements in the Kalyan-Dombivli region, the Bombay High Court has summoned the municipal commissioner to the court, asking him to present a “workable plan to mitigate the situation”. A division bench of Chief Justice D K Upadhyaya and Justice Arif Doctor has also asked the collector to nominate an officer to remain present in the court on on January 24, the next date of hearing.
Huge number of illegal constructions in KDMC limits
The court was hearing a public interest litigation (PIL) filed by one Harishchandra Mhatre, highlighting the large number of illegal constructions in the Kalyan-Dombivli Municipal Corporation (KDMC) limits and sought the issuance of direction to the authorities to demolish such unauthorized structures.
The illegal constructions had come up on lands belonging to the KDMC and the state government. Advocate Shriram Kulkarni, appearing for Mhatre, pointed out that there were over 1.6 lakh illegal tenements which were occupied. He said that should these illegal buildings be demolished, the residents would find themselves on the street. “Now, the government wants to regularise these structures by charging a premium,” Kulkarni said.
Court questions permission granted
Rapping the authorities, the bench questioned who had allowed so many illegal constructions to come up, resulting in a humanitarian crisis. “Look at the enormity (of illegal constructions). Who allowed these constructions? Why did the corporation allow these buildings to come up in the first place? You have now created a humanitarian problem,” the CJ said. In the order, the court noted that had the municipal officials been vigilant, such a situation would not have arisen.
Large number of buildings on lands of corporation
“Large number of buildings have been constructed on lands belonging to the corporation. Said constructions are illegal and could not have been permitted to come up,” the court noted. It added: “In fact, there was no question of such buildings to come up, had corporations been vigilant. Only on account of laxity on the part of the municipal corporation, this condition has come up. Buildings are occupied and such habitation poses a humanitarian problem.”
Extensive habitation, possible reason
It is because of such extensive habitation that the municipal corporation is unable to remove illegal structures, the court added. Summoning the KDMC commissioner to court, the HC said: “We call upon the municipal commissioner of KDMC to be present at the next date (of hearing) for assistance, with a workable plan to mitigate the situation created by illegal construction in occupation of such illegal buildings.”
The court noted that illegal constructions had come up on lands belonging to the state government. “We call upon the collector to nominate an officer to remain present in the court on the next date with a concrete plan for removal of such unauthorised construction.” The HC will hear the matter on January 24.
