Maharashtra's dichotomy in not taking action against illegal structures evident, unacceptable: Bombay HC

Mumbai: The dichotomy of the state in not taking action against illegal structures and granting security to violator builders and developers is evident and unacceptable, said the Bombay High Court while ordering the demolition of an illegal structure in neighbouring Palghar district.

A bench of Justices A S Gadkari and Kamal Khata said inactions by the guardians of law resulting in illegal acts incite social unrest and shake the social fabric.

"We are constrained to take a judicial notice that the local authorities, competent authorities and municipal corporations, routinely refrain from taking consequential actions after issuing notices, such as demolition, and more importantly, prosecution of the law violators," the court said in its judgment dated June 17.

The bench said, "Recovery of money from those builders/developers (violators) is only a distant dream and takes decades for final adjudication and execution."

The court noted that the builders/developers, along with civic officials and police responsible for such illegalities, have so far escaped accountability or any punitive action.

"These inactions resulting in illegal acts by the guardians of law and order incite social unrest and shake the social fabric," the court remarked.

It said that the state has not evolved an effective deterrent to stem this rot.

"We have, in our city, an equal number of illegal structures. Indirectly granting security to the violators is unacceptable. The dichotomy of state is evident, and we do not appreciate it," the court said.

The court passed the order on a plea filed by a person seeking the demolition of an illegal and unauthorised construction carried out by three others on land they own in Palghar.

The petitioner claimed he had to approach the high court, as the civic authorities had failed to take action despite issuing a demolition notice.

The plea stated that after the demolition notice was issued, the persons who had constructed the structure illegally filed an application before the civic body seeking to regularise it.

The bench said that it has come across such cases routinely, wherein a person first constructs a structure without permission and then seeks to regularise the construction.

The court, while ordering the authorities to demolish the unauthorised structure, said such blatant illegal construction cannot be regularised.

It also directed the Vasai Virar civic body to initiate prosecution against people responsible for the illegal construction.

It ordered the commissioner of the Vasai Virar Municipal Corporation to initiate appropriate action against civic officials for failing to initiate action against the illegal structure to instil in them due regard for the rule of law.