HC orders demolition of 7-storey illegal bldg in Kalyan

MUMBAI:THE Bombay HC directed the Kalyan Dombivli Municipal Corporation (KDMC) to demolish a seven-storey illegal building at Asde Golavali in Kalyan, after evicting its occupants.

The division bench of chief justice Naresh Patil and justice Girish Kulkarni were irked to note that though the structure, with 50 flats and two shops, was built without permission from KDMC, no action was taken against it. The bench directed KDMC to issue 15-day eviction notices to occupants and forcefully remove those failing to move out on terms of the notices, with help of police.

The civic body has also been directed to demolish the building immediately after it is vacated, and recover the cost of demolition from the builder who constructed it.

Dr Surekha Bhalerao had told HC that the illegal building was constructed on a piece of land owned by her.

Her counsel, senior advocate SM Gorwadkar, pointed out that the doctor lodged complaints about the encroachment with every civic and police authority, but none took note of it.

Gorwadkar urged the court to order demolition of the illegal building and in support of his plea pointed out Supreme Court rulings holding, that if illegalities associated with a construction cannot be compounded, the structure has to be demolished.

The builder responded to the petition disputing the doctor’s claim of ownership over the plot admeasuring 1,200 square metres and contended that he undertook the construction pursuant to development agreement with one Nagesh Samant.

The builder submitted that he had created third party interests in most flats and had applied for regularisation of the illegal building.

The judges, however, rejected the plea saying applying for regularisation of such a huge unauthorised construction was no answer to the illegality. They felt the dispute over ownership was also irrelevant, as the building was constructed without obtaining any prior permission from the municipal corporation.

The judges were surprised to see complete inaction on part of civic and police authorities.

“The question before this court is as to whether the corporation and police authorities would allow illegally constructed building to remain unaffected and none of the authorities would take any action against the construction carried out without permission, flouting statutory provisions of law,” they said.

THE JUDGES WERE SURPRISED TO SEE COMPLETE INACTION ON PART OF CIVIC AND POLICE AUTHORITIES