HC: Raze illegal bldg in Ghansoli

MUMBAI: The Bombay high court on March 11 ordered the demolition of a building in Ghansoli, Navi Mumbai, after it was found to be built illegally and without permission from the City and Industrial Development Corporation of Maharashtra (CIDCO).

According to the court, ‘ a building that is wholly illegal cannot be regularised only by levying a fine and charging high fees.’ The court emphasised that “An individual’s interest in his property (and here no individual has a legitimate interest in the property, to begin with) and his right to enjoy the fruits of that property are always subject to larger public good and purpose.”

A bench of justices G S Patel and Kamal Khata was hearing a suo moto public interest litigation (PIL) taking cognisance of the issue raised by Monish Chintaman Patil, a resident of Ghansoli shedding light on the illegal constructions in Navi Mumbai. The bench raised questions about the feasibility of regularising structures erected without legal title or permissions. Patil, though lacking locus standi, brought to the court’s attention on Om Sai Apartments, erected without permission on CIDCO land. During the proceedings, CIDCO presented evidence asserting its ownership of the land, while developers argued for the possibility of regularising any construction. Despite the evidence, developers maintained that even without seeking any permission initially, they could later apply for regularisation, allowing illegal constructions to persist until such applications were decided upon. They contended that although state laws require permissions from town planning for development, they also allow for the regularisation of certain illegalities, albeit without clear delineation. This perspective, however, was opposed by the court’s impartial advisor. They criticised it as undermining the entire planning process, rendering sections of the law practically meaningless. They argued that if this stance were accepted, it would negate the need for applying for permissions or adhering to regulations, fundamentally disregarding planning considerations. Consequently, the court ruled the building illegal and mandated the evacuation within six weeks and raze the building within the next two weeks from the date of order.