HC refuses to protect 2 illegal buildings under MRTP Act

MUMBAI: The Bombay high court (HC) on Wednesday refused to protect two illegal buildings in Bhiwandi, under the recent amendment of the Maharashtra Regional and Town Planning (MRTP) Act, 1966.

The act empowers the state government to regularise illegal constructions across the state.

“Section 52A, added to the MRTP Act in April 2017, is not meant for rank illegalities,” said the division bench of acting chief justice Naresh Patil and justice Girish Kulkarni while rejecting the plea of Renubai Patil, 70, a resident of Bhiwandi, for protection of two illegal buildings constructed by her at Kaneri.

The bench said Section 52A cannot be used for getting completely illegal buildings regularised. “It is quite considerable, if the illegality is limited to a balcony, an additional room or even a floor. But here, the entire buildings are illegal,” the judges said.

Patil had approached the HC apprehending that the two buildings – a ground plus five and other ground plus three storied structures – constructed on the land owned by her would be demolished by the Bhiwandi Nizampur Municipal Corporation as per the orders passed by another bench of the HC. The bench had directed the civic body to inspect the land and pull down the construction on the site, if found to be illegal.

Advocate Girish Godbole, Patil’s counsel, pointed out that although Patil’s application was rejected, she still had a legal right to seek permission to retain the illegally constructed buildings, as provided under Section 53(3) of the MRTP Act. The judges found the completely illegal construction as unsuitable for retention under Section 53(3) of the MRTP Act. “It is high time a separate retention policy is enacted.”