HC Orders Demolition of Encroachment on Road, Slaps Rs5 Lakh Fine on Developer
Nagpur: The Nagpur bench of Bombay high court on Tuesday ordered
Nirmal Ujjwal Credit Co-operative Society
to demolish
illegal constructions
—including a substation, transformer, and water treatment plant — erected on a 24-metre-wide Development Plan (DP) road in a township at mouza Harpur on Umred Road. The court also imposed a Rs5 lakh fine, directing it be paid to Raman Science Centre and Planetarium within one week.
A division bench comprising justices Avinash Gharote and Abhay Mantri was hearing a petition filed by local resident Pranali Puttewar. The court found that despite the society's undertaking in 2019 to remove the encroachments, it failed to act, in violation of prior directives and land-use laws.
Rejecting arguments that the structures served residents and involved no commercial exploitation, the court held that construction on land earmarked as a public road under the Maharashtra Regional and Town Planning (MRTP) Act cannot be justified or regularised without a formal modification of the development plan.
The bench cited the 2017 demolition notice issued by Nagpur Municipal Corporation (NMC) and emphasised that the society knowingly encroached on land meant for public use. It further dismissed the society's reliance on the Gunthewari Act, ruling that the layout approvals were not granted under its provisions.
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The court concluded that allowing such encroachments would set a dangerous precedent, undermining urban planning. It directed that the illegal structures be removed within four months, with Maharashtra State Electricity Distribution Company Ltd (MSEDCL) providing assistance. Should the society fail to act, the NMC must carry out the demolition within a reasonable time thereafter.
"We cannot condone the illegality committed by the society of making illegal construction of substation/transformer/water treatment plant on the land of 24 meters wide DP road, as it would be setting an absolutely bad precedent, on the basis of which, builders would have a free hand to present a fait accompli, after having committed an illegality," the judges said while allowing the petition.
High Court Ruling – Key Points
- Nirmal Ujjwal Credit Co-operative Society ordered to demolish illegal structures on 24-metre DP road
- Structures include electric substation, transformer, water treatment plant
- Rs5 lakh fine imposed; to be paid to Raman Science Centre within one week
- Demolition within four months at society's cost
- MSEDCL to assist in removing electrical infrastructure
- If society fails, NMC will carry out demolition
- Court rejects justification citing public benefit
- Gunthewari Act defence dismissed, no approvals granted
- Encroachments condemned as 'bad precedent'
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