The Bombay High Court has ordered the immediate demolition of an illegal construction in Ulhasnagar, Mumbai, and blamed the Ulhasnagar Municipal Corporation (UMC) and local police authorities for their failure to take timely action. Justices Ajay Gadkari and Kamal Khata stated that such illegal constructions cannot be tolerated and warned that without severe deterrence, there would be a risk of anarchy in urban development.
The case stems from a petition filed by Neetu Makhija, a resident of the barracks at Bewas Chowk in Ulhasnagar, where heavy leakage from a neighboring illegal construction was affecting her residence. Makhija, who lives in a six-room barrack, complained that some of her rooms were demolished and replaced with new construction by Manoj Panjwani of Mahagauri Builders & Developers. Despite Makhija’s repeated complaints, the UMC and police failed to take action, allowing the construction to continue.
Failure of Local Authorities
The court strongly criticized the UMC and the police for not acting on Makhija’s complaints, with her advocate claiming that Panjwani's political influence contributed to the lack of action from local authorities. The UMC’s advocate responded that they refrained from demolition after Panjwani claimed that he had applied for the regularization of the construction, a proposal received by the building and town planning department on January 7.
The court noted that the developer had started reconstruction without the necessary permissions and later attempted to regularize the construction after receiving a demolition notice from the UMC. The bench cited Supreme Court decisions, stating that such constructions, which are initiated without proper authorization, cannot be regularized.
Severe Deterrence and Responsibility
The judges emphasized that all parties involved in illegal construction should be held accountable. "Citizens cannot be permitted to regularize a thoroughly illegal construction," the court said, adding that the developer is equally responsible for the offense and cannot hide behind claims of having been contracted for the construction.
The court also called for the State government to consider legislation to address the issue of illegal constructions more effectively. "All concerned in illegal constructions should be held responsible and severe deterrence must be imposed to maintain law and order," the judges noted. They warned that without immediate action, planned development in the city would remain a distant dream and could lead to a state of anarchy.
A Step Toward Responsible Urban Development
The Bombay High Court’s order highlights the ongoing problem of illegal construction in urban areas and the failure of local authorities to enforce regulations effectively. The court’s stance underlines the importance of maintaining law and order in urban development, with the threat of anarchy looming if illegal practices are allowed to persist unchecked.
In conclusion, the court’s ruling is a significant step toward ensuring responsible urban development in Mumbai and other cities where illegal constructions continue to disrupt orderly growth. It sends a strong message to local authorities and developers alike, emphasizing the need for the timely enforcement of laws and the protection of citizens' rights in the face of unlawful activities.