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Time of India
04-05-2025
- Time of India
Nagpur: HC orders demolition of encroachment on road, fines 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. 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.
Time of India
02-05-2025
- Time of India
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. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 2025 Top Trending local enterprise accounting software [Click Here] Esseps Learn More Undo 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'
Hindustan Times
25-04-2025
- Business
- Hindustan Times
BMC pulls up hotel next to razed Jain temple for illegal construction
Mumbai: Barely a week after the Brihanmumbai Municipal Corporation (BMC) razed a Jain temple in the Neminath Co-operative Housing Society premises in Vile Parle East, the civic body on Wednesday issued a notice for unauthorised construction to Ramkrishna hotel, which owns a majority of the flats in the building. The notice was issued under section 53(1) of the Maharashtra Regional and Town Planning (MRTP) Act, 1996 after civic officials compared the original building plan with the existing structure to ascertain alterations, sources in the civic body told Hindustan Times. 'We compared the changes with the approved plan of the building, which is with the BMC's development plan (DP) department, and issued the notice accordingly,' a BMC official told Hindustan Times on condition of anonymity. The hotel owners have been asked to respond to the notice within 30 days, with documents showing the alterations are legal, failing which they will have to be demolished, he official mentioned. Trustees of the now demolished Jain temple welcomed the move, saying they had been complaining about the hotel's unauthorised expansion for many years. The hotel owns several apartments in Neminath co-operative housing society which have been converted into guest rooms that are rented out commercially, they alleged. 'Besides, the hotel owners have constructed a makeshift brick and mortar structure right next the temple where its staff is housed,' said Anil Shah, a member of the Shree 1008 Digambar Jain Mandir Trust which managed the demolished temple. 'We have been complaining against the illegal constructions since 2006 but no action had been taken till now,' said Shah. Similar notices for unauthorised construction had been issued earlier to the Jain temple, said trustees. On April 7, the city civil court had rejected the temple trust's plea against demolition but granted interim protection for seven days to allow the trust to appeal against the decision. While the interim protection expired on April 15, the temple was demolished the next day before the trustees got a stay order on the demolition from the Bombay high court. The BMC's punitive action prompted thousands of Jains to hit the streets on April 19 for a massive silent rally. Protestors including trustees of the temple claimed that it was razed at the behest of the owners of Ramkrishna hotel, which wanted to expand its business to other parts of the housing society. Three days later, on April 22, the state minority commission took cognisance of the matter and conducted a survey of the site. The commission rapped the BMC for acting in haste and using excessive force to raze the temple. It also directed the civic body to initiate action against all unauthorised structures in the premises. 'We conducted a survey of the premises following the commission's order to identify all the unauthorised structures,' said an official. 'We have issued a notice to the owners of Ramkrishna hotel based on the findings and more such notices will be issued as and when discrepancies are highlighted during inspection.'
Hindustan Times
22-04-2025
- Hindustan Times
BMC cracks down on illegal flats meant for parking space in Dongri
Mumbai: The Brihanmumbai Municipal Corporation (BMC)'s B Ward on Monday launched a demolition drive at Noble Tower, a 22-storey high-rise on Zakaria Masjid Street in Dongri, following the discovery of extensive unauthorised construction. Officials revealed that the builder had illegally converted six floors — originally reserved for parking and refuge areas — into 45 residential flats, flouting the sanctioned plan approved on January 18, 2010. The violations came to light in August 2024, after a tenant lodged a complaint about the misuse of designated parking space. Subsequently, the civic body issued a notice under Section 53(1) of the Maharashtra Regional and Town Planning (MRTP) Act on August 7, directing the restoration of the original building layout. 'There were six floors reserved for refuge and parking, but the developer illegally constructed 45 flats instead. A notice was issued, but no corrective action was taken,' said Nitin Shukla, assistant commissioner of B Ward. According to civic officials, five unauthorised flats were built on each of the six floors, and around 45 families were residing in them. An FIR was filed on December 10, 2024, initiating legal proceedings. On February 28, 2025, eviction notices were issued to all residents, giving them a month to vacate. To pave the way for demolition, the BMC disconnected water and electricity supplies to the illegal flats. 'We cut off electricity two days ago and water yesterday. Commercial structures on the ground floor were the first to go, as they were easier to vacate. Most residents are now on rent and seeking to delay the process,' said a civic official. The demolition, initially scheduled for April 15, was delayed due to the unavailability of police protection. With police support finally in place, the BMC began dismantling illegal structures on Monday. Ground-floor godowns built in violation of norms were also taken down, prompting several tenants to leave voluntarily. 'This case only surfaced after a tenant raised the alarm. We followed due process — from the MRTP notice to the FIR and eviction orders. Elections and the month of Ramzan delayed action, but we are now proceeding with full force,' the official added. 'All illegal flats will be razed — doors, windows, and walls included — to render the spaces uninhabitable and restore the area as per the sanctioned plan.' Neither the developer nor the occupants were available for comment. The BMC has scheduled the next phase of demolition between April 22 and April 25 to ensure full compliance with building norms.
Time of India
21-04-2025
- Politics
- Time of India
Maha restricts deletion of cemetery from urban DP
Mumbai: The state govt has issued directions under the Maharashtra Regional Town Planning (MRTP) Act to all urban local bodies not to delete reservations for cemeteries/burial grounds from their development plans (DP). Any change of reservation of a plot reserved for cemeteries/burial grounds or deletion of such a reservation will now require cabinet approval. Maharashtra has 29 municipal corporations, 232 municipal councils, and 125 Nagar Panchayats. In an order issued early this month, the state urban development department (UDD) observed that several urban local bodies have issued notices under section 37(1) of the MRTP for modification of their DP to delete reservations for cemeteries/burial grounds. Section 37(1) empowers the Planning Authority to modify a final DP, but only if the changes do not alter the plan's overall character. Also, these proposals are being submitted to the govt for its approval. A senior govt official said the deletion of reservation for cremation/burial grounds is being increasingly sought from smaller municipal corporations and councils. "Often, these reservations are put on plots owned by private persons. Many do not want this reservation. We received proposals seeking change of use to Green Zone, Sewage Treatment Plant, and also deletion," said the official. The order states that as population in areas of urban local bodies is continuously increasing, reservation of graveyards/burial grounds is made in the development plan. "Exclusion of such reservations from DP deprives local citizens of the facility, hurts the religious sentiments of citizens, and creates law and order issues." The order further states that in public interest, the govt has issued a directive under section 154 of the MRTP Act to prevent encroachment on existing graveyards and burial grounds, not to regularise encroachment no matter how old it is, and no change to be made to reservation. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Your Finger Shape Says a Lot About Your Personality, Read Now Tips and Tricks Undo Advocate Gayatri Singh said a particular process is followed by local bodies before reservations are placed in a DP and a similar procedure is to be followed to delete/change a reservation. "By issuing such a directive, state govt is taking away the rights of local bodies and is opening doors for change/deletion of other reservations. It is completely illegal," she said.
