MUMBAI: The Bombay High Court recently warned that without decisive measures to address illegal constructions, rapidly growing towns could face “a colossal failure” in meeting lawful town planning goals, leading to chaos and disaster for future generations.
Justices Girish Kulkarni and Manjusha Deshpande emphasized that civic bodies should promote only the lawful and legitimate expansion of cities, instead of allowing “demons of large-scale unauthorized constructions”.
The court, in an order dated August 21, stated, “Resources such as water and electricity, along with public amenities like parks and playgrounds, are intended for those living in authorized buildings.” It asserted that illegal occupants cannot claim rights over valuable resources and infrastructure. Illegal developments should be addressed promptly, considering the interests of “innocent individuals who might invest in unauthorized properties”.
In ruling on a petition by Rahul Pawar regarding an unauthorized building in Thane’s Vartak Nagar, the HC noted that the structure was clearly built without municipal approval.
The Thane Municipal Corporation (TMC) began demolishing the building on February 13, and the HC confirmed the process is underway, with special civic counsel Ashutosh Kumbhakoni stating that the demolition will be completed within three weeks. TMC reported that internal walls of the third and fourth floors were demolished, and water and electricity supplies have been disconnected, making the building uninhabitable.
The HC, having also heard from petitioner’s advocate Yousuf Khan, noted that this case exemplifies complete illegality and is not isolated. A previous illegal structure was built on the same plot, which was challenged in a Public Interest Litigation (PIL) in 2007, leading to its demolition.
The bench raised concerns about how another unauthorized building emerged in 2017-18 and questioned the officials complicit in such violations.
The HC stressed that ward-wise vigilance committees established by the civic chief must be proactive. Kumbhakoni mentioned that one official responsible for delaying the demolition has been suspended.
Furthermore, the HC called on the urban development department to take an active role, advocating for a “robust policy” against illegal construction. If a policy is in place, it should be “revamped” and rigorously enforced by all municipalities and planning authorities.
