Bombay HC looks to empower state to act against illegal constructions.

MUMBAI: The Bombay High Court argued on Monday in favor of giving the state authorities the authority to demolish unauthorized and unlawful structures quickly.

“The government needs to understand that we don’t despise them. We won’t let this happen while we’re watching. The courts have been largely responsible for this, according to Justices Gautam Patel and Kamal Khata.

The illegal ground-plus-four-story Om Sai Apartments building in Ghansoli village, Navi Mumbai, was brought up by the High Court on August 28. The court remarked that it “discloses a problem endemic to development in all municipal corporation areas.” The court receiver was given instructions to visit the scene and gather facts.

According to the court receiver’s report, there are 23 occupied units and 6 unoccupied ones. The courts stated that it must stop since others are taking advantage.

Senior amicus curiae attorney Sharan Jagtiani explained that the tactic is to go to court and request a stay on eviction or demolition notifications and that the process may take years. Fortunately, he noted, the Navi Mumbai Municipal Corporation was successful in having the stay overturned in the current case.

The judges asked if there was a way to impose a fine right now. The governmental authorities must have some authority over arbitrary demolitions. “That organization will have to appear in court and demonstrate its legitimacy,” stated Justice Patel. They pointed out that the building’s water and electricity supplies were illegal.

“This case is by no means uncommon where the entire structure is without authorization,” the judges wrote in their ruling. We cannot conceive of a scenario in which the state’s tools are impotent and incapable of stopping unauthorized construction.

The entire site and building were given to a court-appointed receiver. They ordered notices to be sent to 23 inhabitants and enjoined them from giving up or establishing rights to third parties.

Look at this situation. Absolutely revolting. Take this, kuch nahi hoga was the advice given to 23 people looking for a house. Justice Patel remarked, “We’ll alter it to ‘kuch toh hoga’. The judges will evaluate how the current law enables the state authorities to take prompt summary action on October 4.