‘Illegally constructed buildings cannot be regularised en-masse’

MUMBAI :The Bombay high court (HC) on Friday restricted the application of section 52A, added to the Maharashtra Regional and Town Planning Act 1966 last year to allow en-masse regularisation of illegal structures across the state.

The section cannot be applied to cases involving constructions made in contravention of development plans, regional plans and development control regulations for cities, said the court.

The division bench of justices Abhay Oka and AK Menon added that the section cannot be used to regularise constructions made on plots of land reserved for civic purposes or in contravention of zoning regulations.

The court was hearing two separate public interest litigations (PILS) filed by Rajiv Mishra and advocate Mayura Maru from Navi Mumbai in 2013.

The PILS complained of rampant illegal construction on public land, particularly ones belonging to the Maharashtra Industrial Development Corporation (MIDC) and City and Industrial Development Corporation (CIDCO), as well as misuse of the floor space index norms in at least 22 high-rises along Palm Beach Road.

Acting on the PILS in January 2015, the court had directed MIDC, CIDCO and the Navi Mumbai Municipal Corporation (NMMC) to conduct a survey of all illegal constructions within

their respective areas and take prompt steps for their demolition. The MIDC had subsequently initiated demolition drives and pulled down several buildings.

Noting that this would render thousands of families homeless, the state government introduced a policy to regularise illegal buildings. After the high court struck down these policies twice, the legislature in April 2017 amended the MRTP Act and provided for en-masse regularisation of illegal buildings.

“Planning authorities will have to show zero tolerance to illegal constructions and it is the planning authorities’ duty to take steps for demolition of illegal constructions and prevent the same,” the court said on Friday.