'Before it's too late': HC orders Thane commissioner to survey and take actions against illegal constructions across wards
Expressing 'shock' over proliferation of illegal constructions and delay in actions, the Bombay High Court has directed the Thane Municipal Corporation (TMC) Commissioner to conduct a survey of all illegal structures across its wards including developing areas and green zones and act against them 'before it is too late.'
The HC on Thursday warned the civic body that if illegalities continue and it is unable to take action against the same, the court will have to consider whether the TMC would be required to be governed by a 'different/separate machinery' under Municipal laws.
A bench of Justices Girish S Kulkarni and Arif S Doctor ordered immediate inspection of seventeen unauthorised structures/buildings in TMC area by the court-appointed officer and separate inquiry into the role of errant municipal officers in aiding such constructions.
'The situation is so serious that it would be difficult to believe that there is at all any rule of law when it comes to illegal constructions and whether the TMC is at all alive to what is happening under its feet and under the blessings of its officers,' the HC noted.
The HC was hearing a plea by one Subhadra Ramchandra Takle, a senior citizen, who, through advocates A H Modi and Shafik Ahmed, claimed that her nearly five-and-half acre land in Mumbra area was grabbed by 'land mafia or sharks' without any permission from planning authority and 17 unauthorised structures were erected on it.
'Such construction could not have come up except with the blessings of the government and municipal officers. It is also shocking that the persons who have rampantly undertaken such construction could spend such huge amounts in undertaking such brazen illegal construction and ultimately to defraud innocent flat purchasers to purchase flats/tenements in such construction,' the bench noted.
'We may observe that those who purchase tenements in illegal construction are greedy purchasers, who are a different category of citizens as opposed to those citizens who would purchase tenements which are lawfully constructed, they cannot assert rights in regard to illegal construction,' the HC added.
The court expressed 'shock' over TMC's reply and questioned why the civic body was delaying action despite being aware of illegalities on petitioner's land.
The bench said the matter was 'serious' as it was 'clear case of land grabbing' with complaints 'having fallen to the deaf ears of municipal officers.'
The court said it 'cannot overlook complete abdication of petitioner to the rule of law, at the hands of municipal authorities and citizens taking law into their hands' to put up illegal constructions.
The HC directed the court-appointed officer to conduct immediate inspection of petitioner's land in presence of TMC commissioner with police protection and submit a report before next hearing on June 19.
The bench further ordered a senior judicial officer to inquire into the role of all municipal officers responsible for such constructions and an inquiry report be produced before the court within six weeks. The court will pass orders on the outcome of both the reports.
It added that the green zones and areas within which no construction is permissible ought to be safeguarded and if illegal structures come up on such lands, the same should be immediately removed as per law.
The bench sounded a 'note of caution' that if 'gross illegality wantonly persists,' it will have to consider whether the corporation is functioning as per law.
In such event, if TMC fails to follow its duties and obligations, the HC went on to note, 'the TMC would be required to be governed by a different/separate machinery which has also been provided under the provisions of the Maharashtra Municipal Corporation Act, for which the state government would be required to be directed to take appropriate steps if the need so arises.'
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