New Delhi (Agency): The Bombay High Court declared that it’s time to change attitudes towards unauthorized constructions. The court signaled a strong stance against illegal structures, stating that they will not be tolerated “in its watch.” The Maharashtra government has been asked to present viable solutions to the problem.
The bench of Justices Gautam Patel and Kamal Khata expressed concern over the number of illegal constructions. They have taken up the issue of an unauthorized four-storey residential building in Navi Mumbai. The court pointed out that 23 out of 29 flats in the building are occupied under the false belief that “nothing will happen.” The court warned that now “something will happen.”
“Individuals are taking advantage,” Justice Patel said. “This needs to stop. We believe we must act without any further delay.” The court expressed frustration at the ability of individuals to obtain stays against actions from civic authorities.
The court also cited the 2019 demolition of apartments in Kerala for CRZ violations as a precedent. “If it is illegal, it is illegal and it has to go,” the court said. The bench asked the Maharashtra government to bring forward any potential solutions to such unauthorized developments.
Justice Patel remarked, “We have to ask ourselves some hard questions. We cannot let this continue on our watch. Much of this has happened because of courts.”
The court expressed the view that an entirely illegal structure needs unique handling. “We are not talking about minor illegal construction in an existing building. We are talking about an entire building being illegal,” the court said.
The Bombay High Court ordered the court receiver to take control of the land and the unauthorized building. It also issued a notice to the developer and the 23 occupants. None of the owners can sell or create third-party rights for their flats, the court instructed.
The issue has been posted for further hearing on October 4, signaling the court’s commitment to resolving this ongoing problem. The court’s actions reflect the urgency to address illegal constructions and its impact on society.
