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Hindustan Times
13 hours ago
- Business
- Hindustan Times
‘Colossal misuse of authority': HC orders inquiry into 935 Mhada redevelopment notices
MUMBAI: Calling it a 'colossal misuse' of authority, the Bombay high court on Monday appointed a two-member committee to investigate a 'racket' involving engineers from the Maharashtra Housing and Area Development Authority (Mhada) illegally issuing 935 redevelopment notices to old buildings in prime locations in the city. MHADA Office at Bandra Internet photo A division bench of justice GS Kulkarni and justice Arif Doctor ruled that Mhada's executive engineers had issued these notices without jurisdiction as they had vested interests in the properties, which are located in upmarket areas in south Mumbai, such as Banganga Road, Walkeshwar, Gamdevi Road, BG Kher Marg, and Nepean Sea Road. The inquiry will be conducted by a two-member committee headed by justice (retired) JP Deodhar, a former judge of the Bombay high court, and retired principal district judge Vilas D Dongre. The committee has been asked to submit its inquiry report within six months. The court issued the orders after hearing a bunch of petitions challenging the redevelopment notices issued by Mhada to hundreds of cessed buildings that it had deemed dangerous and dilapidated. The petitions claimed that executive engineers from the Mumbai Building Repairs and Reconstruction Board (MBRRB), a statutory unit of Mhada, had issued the notices without jurisdiction and based on only a 'visual inspection,' without conducting a structural audit of the buildings. The entire controversy revolves around section 79-A of the Mhada Act, which allows Mhada to initiate the redevelopment of dangerously dilapidated cessed buildings if neither the owner nor the tenants take the necessary steps within a specified timeframe. Earlier this month, the court had observed that an executive engineer in Mhada had no jurisdiction to issue the redevelopment notices, adding that their action appeared to be high-handed. Calling the matter serious, the court held that the notices were issued to give an undue advantage to certain people, while curtailing the rights of the owners and tenants of the cessed buildings. 'This would amount to a brazen misuse of the powers and authority vested with the concerned officers of Mhada at whichever level, we do not know', the bench said. Citing a 2024 judgement, the bench stated that section 79-A of the Mhada Act can be invoked only if a building is first declared dangerous by the Brihanmumbai Municipal Corporation (BMC) or a competent authority. It had held that executive engineers have no independent power to issue such notices. Advocates NV Walawalkar, GS Godbole and Surel Shah, appearing for the petitioners, submitted that Mhada had not vested any jurisdiction whatsoever in the officers who issued such notices. Even assuming the appropriate authority was involved, under Section 79-A, the notices could not have been issued based on just a 'visual inspection' of the buildings concerned, the petitioners argued. On the other hand, senior counsel PG Lad, representing Mhada, referred to provisions of the Mhada Act which showed that it was 'the primary responsibility of the board to repair the cessed buildings.' Considering the large number of prime properties being adversely affected, the bench stated that the matter has 'gathered the colour of a racket/scam' by misusing the provisions of law. It noted that the redevelopment of the properties had been ordered at the behest of 'unscrupulous persons with vested interests' who intend to take advantage of the fact that the buildings are old. The consequences of issuing such notices without the jurisdictional requirements are 'horrendous to say the least,' the bench said. Noting that the redevelopment of cessed properties involves floor space index incentives, which is 'a bonanza for commercial exploitation,' the court stated that the vested interests in these properties can be worth a fortune. 'The statutory machinery being misused for such ulterior motives and for windfall of benefits is a matter of serious concern. It is beyond one's imagination as to how, in such large numbers, the impugned notices under Section 79-A could at all be issued,' the court said. Expressing concerns over the board's actions, the court held that if accepted, it would amount to rewriting legislative provisions and recognising a regime of colossal arbitrariness and abuse of powers. 'The pattern is quite unique. It appears to be quite clear that these notices are issued wholly without jurisdiction. We may also observe that the petitioners' case being of an extreme, unfortunate and blatant abuse of the powers by these officers,' the court added.
Hindustan Times
16 hours ago
- Politics
- Hindustan Times
HC orders demolition of illegal 6-storey building in Kalyan
MUMBAI: The Bombay high court has directed the Kalyan Dombivali Municipal Corporation (KDMC) to take appropriate steps to demolish an illegal six-storeyed building at Govindwadi in Kalyan within two months. A demolition notice was issued to the building in August 2024, but no action was taken against it thereafter, which could embolden others to construct similar buildings without first obtaining the necessary permissions, the court said, (Shutterstock) The division bench of justices GS Kulkarni and Arif Doctor was hearing a petition filed by Safwan Jafar Hussain Sayyad, a local resident. On July 23, 2024, Sayyad had filed a complaint with the ward officer of ward 3C and the KDMC commissioner, claiming a ground-plus-six storeyed building, Siyam Villa, had been constructed illegally without any planning permission, and requested the civic authorities to take appropriate action against it. Accordingly, on August 6, 2024, KDMC officials issued a show cause notice to the builder, asking them to explain during a personal hearing if the said building was a legal structure and provide supporting documents. Failure to provide an explanation and documents would result in appropriate legal action, the builder was told. Since Sayyad's complaint was not addressed over the next two months, in October 2024, he submitted a representation to civic officials and subsequently approached the high court, contending that the inaction made it clear that KDMC officers were hand-in-glove with the developer. Section 260 of the Mumbai Municipal Corporation Act mandates that the municipal bodies must take action against illegally constructed buildings and accordingly, the KDMC should take the demolition notice to its logical end, the plea stated. The developer resisted the petition, contending that they had applied to the KDMC for regularisation of the building in July 2024 and since the application was pending, there was no question of taking any action during pendency of the plea. Being owners of the plot on which the building stood, they had constructed the building adhering to Floor Space Index norms and pursuant to their application for its regularisation, the assistant commissioner, KDMC, had issued a notice dated February 24, 2025, granting them a personal hearing, the developer said. However, responding to a court query, the developer's counsel conceded that no planning permission had been obtained before commencing construction of the building. 'The said building being wholly illegal, must first be demolished, and after which, the developers if they so desire may apply for a permission, and if such permission is sanctioned, carry on construction in accordance with such permission,' the court said. The bench directed the KDMC to execute the demolition notice issued in August 2024 within two months by following due processes of law.
India Today
3 days ago
- India Today
Who blessed pan shop? High Court pulls up Mumbai civic body for footpath stall
The Bombay High Court has directed the Municipal Commissioner of the Brihanmumbai Municipal Corporation (BMC) to investigate the role of civic officials who allegedly "blessed" the existence of an illegal pan, bidi and gutka stall set up on a footpath outside a housing society in court not only ordered the immediate removal of the unauthorised structure but also instructed the Municipal Commissioner to initiate an enquiry into officials who failed to act against the encroachment for over six division bench comprising Justices G S Kulkarni and Arif S Doctor was hearing a petition filed by Nirvana Housing Society. The petition alleged that despite the BMC demolishing the illegal stall in November 2019, it had resurfaced and continued to operate without any valid license or permission. An inspection report dated July 17, 2023, confirmed the existence of the stall, which lacked both health and trade BMC informed the court that a notice had been issued to the stall operator on July 23, 2025, under the Mumbai Municipal Corporation Act, giving 48 hours for voluntary removal. Failing compliance, the civic body stated it would proceed with represented by legal counsel, the stall owner failed to file a reply affidavit. The court noted this as a tacit admission of the stall's the structure a 'rank unauthorised' encroachment, the bench underscored that footpaths are public spaces meant for pedestrian use and cannot be appropriated for private profit. The court also questioned how the stall obtained an electricity connection and why BMC officials had not taken suo motu action earlier."Such lawlessness cannot be permitted," the bench observed, directing the Municipal Commissioner to issue show-cause notices to the Ward Officer, Assistant Commissioner and relevant Field Officers. The court also ordered that a compliance report be filed by September 4, matter is scheduled for further hearing on July 29, 2025, when the court will review the status of the stall's removal and the progress of the internal enquiry.- EndsMust Watch IN THIS STORY#Mumbai
Time of India
4 days ago
- Politics
- Time of India
HC stays slum rehabilitation on Mumbai University land
Mumbai: The Bombay High Court has stayed a Slum Rehabilitation Authority (SRA) scheme on over 3.5 acres of land, which Bombay University said was acquired for the university between 1967 and 1974 for academic purposes by the Collector of Mumbai. Although acquired, the lands were not mutated in the name of the university, and taking advantage of non-updated revenue records, third-party rights were created in favour of the developer, said a petition filed by Mumbai University (MU). The university said that by 2024, the land was even notified as a slum since it was encroached upon, and this was done with no notice to the university. Justices GS Kulkarni and Arif Doctor on July 21, said they found this case to be one of the most unfortunate cases where land acquired by the state for MU to set up the university campus for its future needs is now facing proceedings over the redevelopment of slum dwellers who encroached on the land. You Can Also Check: Mumbai AQI | Weather in Mumbai | Bank Holidays in Mumbai | Public Holidays in Mumbai The HC heard advocates Yuvraj Narvankar for the university, senior advocates Anil Singh for SRA, Pravin Samdani for the developer, and Milind Sathe for the slum society before saying, "The land was certainly not acquired for the rehabilitation of slum dwellers or encroachers. At least save the university land from encroachers and the bonanza of a slum scheme of free housing to encroachers and large benefit to private developers, is the cry of the petitioners. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like American Investor Warren Buffett Recommends: 5 Books For Turning Your Life Around Blinkist: Warren Buffett's Reading List Undo " The slum society and builders said not all land was to be utilised as claimed. The HC said the state has a "vital role" to show all documents pertaining to the acquisition of the land for the university and whether SRA can approve any slum scheme on university land is another vital issue. The HC adjourned the matter to August 11 and sought replies and rejoinders by then. The HC said, "Prima facie, we are of the opinion that once land was subjected to acquisition for the public purpose to be vested with MU, merely because effective steps were not taken by the state govt for handing over some part of the said land and/or for removal of encroachments, would not bring about a situation that such lands be utilised for the encroachers and for a Slum Rehabilitation Scheme. This is the primary issue. "
Hindustan Times
10-07-2025
- Politics
- Hindustan Times
HC orders BMC to form team to identify, remove encroachments on footpaths
MUMBAI: The Bombay high court has directed the Brihanmumbai Municipal Corporation (BMC) to constitute a three-member team to identify and remove unauthorised structures and encroachments from footpaths across the city. The team, comprising an additional commissioner and two senior officers, must conduct a survey of all footpaths in the city and initiate action based on findings, the court said on Monday while hearing a petition filed by two housing societies in Powai regarding encroachment of the footpath outside their premises. HC orders BMC to form team to identify, remove encroachments on footpaths 'This is not an isolated incident as many cases of this kind are reaching the court,' the division bench of justices GS Kulkarni and Arif Doctor said. 'For ages, the municipal corporation would not be taking any action or its officers taking selective action, and again such encroachments being restored, appears to be the rule.' In their petition, the housing societies alleged that the footpath outside their premises was encroached by temporary tin/ plastic tenements that were being used for residential and commercial purposes. Advocate Priti Shah, appearing for the housing societies, told the court that the tenements were constructed about a year ago and no action was taken against them despite repeated complaints to civic authorities. The judges took serious note of the encroachments, and asked if the BMC and its officers could turn a blind eye to encroachments when footpaths had been constructed at considerable public expense so that people did not have to walk on busy roads and be vulnerable to accidents. 'We cannot hear from the municipal corporation that it has become impossible for its officers to perform the duties and responsibilities cast on them in law,' the court said. Encroachments cannot come up without the tacit consent of concerned ward officers and municipal officers who do not take action against encroachments or persons interested in encroachments deprive Mumbaikars of basic public facilities for the convenience of a few, the court said. 'Actions as the law would mandate need to be taken against them,' the court stated. The court also stressed on the need for appropriate hawking zones, saying plots belonging to municipal corporations or the state government that have been encroached upon could be utilised for such purposes. The court directed the BMC to submit an action taken report on the aforesaid observations on July 14, the next date of hearing.
