‘Unchecked commercialisation of a residential area': HC asks govt to halt ‘illegal' constructions
The petitioners are seeking court intervention to stop large-scale illegal constructions of shops, showrooms, hotels, restaurants, office complexes, and other commercial establishments in E-1 to E-5 Arera Colony.
This area has been designated as residential since 1968 when residential plots were given on lease to people for building houses. To this date, the land use of the area has not changed, and it continues to be residential, but its rampant commercialisation is visible to all.
Following the initial hearing of the petition, a division bench of the MP High Court, comprising Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf, issued notices to the state govt, BMC, discom and other respondents and directed that no illegal construction in Arera Colony be allowed until the petition is resolved.
The petitioners, Purnendu Shukla, a resident of E-4 Arera Colony, and environmentalist Subhash C Pandey, said in their petition that they are not challenging any specific order but are aggrieved by the inaction and delay in resolving the issues raised by them in their representations to the authorities.
These issues pertain to large-scale illegal constructions and the illegal conversion of land use in Arera Colony (E-1 to E-5 residential area) in Bhopal, Madhya Pradesh.
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These activities are affecting and violating Article 21 of the Constitution of India, which protects the fundamental right to life and liberty of the citizens, they said. The petitioners pointed out that in 1968, the areas comprising sectors E-1 to E-5 of Arera Colony, Bhopal, were developed under a Capital Project.
The allotment of land for development was carried out by the governor of MP, through the collector, specifically for the residential use of city residents.
The said allotments of lease included clause 17, stating, "The lessee shall not, without the previous permission in writing of the lessor, use or allow to be used the said land for a purpose other than as a dwelling house."
The land was given at subsidised rates to address the housing needs of individuals through various housing societies established for the benefit of their members. The allotments were granted on a leasehold basis for an initial term of thirty years, with a provision for renewal.
They further pointed out that according to the Master Plan of Bhopal, as formulated and sanctioned by the Directorate of Town and Country Planning, Govt of Madhya Pradesh, the region of Arera Colony, Bhopal, MP, has been exclusively demarcated for residential purposes in the case.
However, several perpetrators have discarded such rules and regulations, enabling unauthorised encroachments and other illegal construction activities for commercial purposes.
Arguing that rampant commercialisation of Arera Colony is affecting the quality of life of the residents and the environment as a whole, the petitioners prayed for the court to direct the officials concerned to immediately halt the illegal constructions in Arera Colony.
They also requested the court to direct the central power discom not to give non-domestic electricity connections in the area and to discontinue the existing non-domestic connections in Arera Colony.
Additionally, they sought the appointment of a high-powered committee headed by a retired High Court judge to investigate all violations in Arera Colony E1-E5 with respect to planning laws, lease misuse, illegal construction, and misuse of govt policies in the case.
They requested directions to the Bhopal municipal corporation, town and country planning, urban development and housing department, and chief secretary of Madhya Pradesh to order the restoration of planning sanctity and the demolition or sealing of unauthorised commercial constructions in Arera Colony.
After initial arguments, the court issued notices to the chief secretary, principal secretary, revenue and urban development, commissioner, town & country planning, capital project administration (CPA), which has now been merged with PWD, collector Bhopal, commissioner, BMC, and managing director of MP Madhya Kshetra Vidyut Vitaran Company Ltd (MPMKVVCL).
They were asked to respond within four weeks and to ensure that there is no unauthorised illegal construction activity carried out contrary to the sanctioned building plan or Master Plan of the area in question.
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