High Court eye on Alibaug bungalows of affluent Mumbaikars like Nirav Modi

Judge asks Raigad collector to explain inaction on structures despite order passed in 2000

In what could spell trouble for nearly 175 “wealthy” Mumbaikars, including fugitive businessman Nirav Modi and some Bollywood actors, the Bombay High Court on Tuesday sought an explanation from the Collector of Raigad district for not initiating ‘action’ against the alleged illegal bungalows constructed by these wealthy persons in Alibaug.

An ‘irked’ bench of Justices Abhay Oka and Riyaz Chagla said, “After perusing the petition and considering the contentions, we are of the prima facie opinion that there are large-scale illegal constructions in the area. We think the Collector and the sub-divisional officer owe an explanation for their inaction against these structures, despite an order from this court, way back in 2000.”

“Let the Collector file an affidavit explaining why he failed to initiate action and also the sub-divisional officer concerned to file an affidavit clarifying why he did not initiate demolition or other remedial measures against such bungalows,” the bench added.

The judges were seized with a plea filed by Surendra Dhavale, a resident of Raigad, seeking directions to the authorities to raze all the unauthorised bungalows. The plea claims that several bungalows are constructed within the ‘low and high tide areas’ in all the villages of Alibaug. The plea also claimed that these bungalows, more than 175 in number, are constructed in breach of the norms under the Maharashtra Coastal Zone Management Authority (MCZMA) and the Coastal Regulation Zone (CRZ).

In his plea, Dhavale alleged that these bungalows were owned by some ‘wealthy’ persons from Mumbai like Nirav Modi, who is presently wanted in the multi-crore Punjab National Bank (PNB) scam. He has further claimed that the land on which these bungalows stand, was actually meant only for ‘agricultural purposes.’

While drawing the bench’s attention to the ‘illegal activity’ of Nirav Modi, the petitioner Dhavale said, “For instance, Nirav Modi was granted permission for carrying out construction on an area of around 390 sq mts. His bungalow now, however, stands over an area of more than 1,000 sq mts.”

Having heard the contentions, the bench said, “In the case of Nirav Modi, there is an illegal construction of nearly an area of 695 sq mts. This unauthorised construction has been protected by authorities like the collector and the sub-divisional officer. In some other cases too, the sub-divisional officer has failed to initiate action. We want an explanation from these authorities.”

The judges, accordingly, posted the matter for further hearing after four weeks. MUMBAI: The Bombay High Court on Tuesday directed the Indian Institute of Technology (IIT), Bombay, to conduct a structural audit of the dilapidated Esplanade Mansion building in South Mumbai.

The building, around 150 years old, figures in the list of heritage structures in the city.

A part of it collapsed earlier this month, following which the high court directed the technical advisory committee (TAC) of the BMC to conduct an inspection and submit a report on whether the building could be repaired.

BMC's counsel Anil Sakhre on Tuesday informed a bench of justices Ranjit More and Anuja Prabhudessai that the civic body could not conduct the inspection as the TAC was defunct for the last few months. The judges then directed that the task be given to IIT-Bombay. Advocate Ashok Sarogi, who has an office in the building, and some other tenants have filed a petition, demanding that the building be repaired. The court on Tuesday said the petitioners would bear the cost of the structural audit.