Dedicated locality research platform
Dedicated locality research platform
Enter your email address and you will receive
a link to reset your password
The Bombay High Court, in a recent development, expressed deep concern over the rampant proliferation of illegal constructions and urged the Maharashtra government to present viable solutions to address this issue. The court emphasized that the era of tolerating such unauthorized developments with a nonchalant attitude must come to an end. It asserted its commitment to sending a strong message that these illicit constructions will no longer be tolerated during its vigilance.
This matter came to the forefront when a division bench comprising Justices Gautam Patel and Kamal Khata took suo motu cognizance (on its own initiative) of an unauthorized four-storey residential building in Navi Mumbai. Within this building, 23 out of the 29 flats have been occupied, while five remain locked, and one stands vacant.
During the proceedings, the bench highlighted the gravity of the situation, pointing out that the building had illicitly obtained both electricity and water supply. It raised concerns about the prevailing attitude where individuals take advantage of the system by engaging in unauthorized construction, seemingly immune to legal consequences.
The court lamented that individuals often approach civil courts and obtain stays against any coercive actions proposed by civic authorities. It deemed this practice as detrimental and called for an immediate halt to such manoeuvres. Justice Patel emphasized the need for swift action, signalling that the court would not allow these unlawful activities to persist.
Furthermore, the court acknowledged that a significant part of this problem has been exacerbated by previous court decisions. It expressed a determination to change this narrative and ensure that illegal constructions do not go unchecked, emphasizing the need for accountability.
Drawing a parallel with the 2019 demolition of apartments in Maradu, Kerala, due to Coastal Regulation Zone (CRZ) violations, the court emphasized that the Supreme Court had successfully addressed a similar situation, setting a precedent for decisive action against illegal structures.
In a resounding call to action, the High Court sought answers from the Maharashtra government, urging it to provide concrete solutions to tackle the rampant issue of unauthorized developments. It firmly asserted that it could not fathom a scenario where the government would be powerless to halt such widespread unlawful construction.
The court recognized the unique nature of this case, where an entire building, from top to bottom, is deemed illegal. It stressed that this matter transcends the regularization of individual units within an existing structure; rather, it pertains to the entire building being constructed without proper authorization.
As a part of its directives, the bench instructed the court receiver to take possession of both the land and the four-storey building in question. It issued notices to the developer and the 23 occupants, ensuring that none of the flat owners could sell or create third-party rights to their properties.
The matter is scheduled for further hearing on October 4, underscoring the court's commitment to resolving this issue expediently and decisively, sending a clear message that unauthorized constructions will face legal consequences.
Propscience is India’s dedicated property news portal. We cover the latest events, news, trends, deals, new launches and more.
All our services and tools are completely free of cost and available 24X7!
