‘Unacceptable’: Bombay HC slams state’s inaction on illegal buildings

Mumbai: The Bombay High Court slammed the state’s contradictory stance of failing to act against illegal constructions while offering protection to the very builders who violate the law, calling it “evident and unacceptable”.

Ordering the demolition of an illegal structure in Maharashtra’s Palghar district, the bench of Justices A S Gadkari and Kamal Khata observed that the inaction of those entrusted with upholding the law fosters unlawful activity, fuels public unrest, and threatens the integrity of the social fabric.

"We are constrained to take a judicial notice that the local authorities, competent authorities and municipal corporations routinely refrain from taking consequential actions after issuing notices, such as demolition, and more importantly, prosecution of the law violators," the court said in its judgement dated June 17.

The bench said, "Recovery of money from those builders/developers (violators) is only a distant dream and takes decades for final adjudication and execution." The court noted that the builders/developers, along with civic officials and police responsible for such illegalities, have so far escaped accountability or any punitive action.

"These inactions resulting in illegal acts by the guardians of law and order incite social unrest and shake the social fabric," the court remarked.

The Bombay High Court sharply criticised the state for failing to develop an effective deterrent against illegal construction, calling out its double standards in shielding violators while neglecting enforcement. “We have, in our city, an equal number of illegal structures. Indirectly granting security to the violators is unacceptable. The dichotomy of state is evident, and we do not appreciate it,” the bench remarked.

The order came in response to a plea seeking the demolition of an unauthorised structure in Palghar, built by three individuals on land they own. Despite a demolition notice being issued, civic authorities failed to act, prompting the petitioner to move the high court.

The plea also noted that after the notice, the violators approached the civic body seeking regularisation. The court expressed disapproval over this recurring pattern of constructing without permission and then attempting post-facto approvals, stating such blatant violations cannot be legitimised.

Directing the demolition of the illegal structure, the bench also ordered the Vasai Virar Municipal Corporation to prosecute those responsible and take disciplinary action against civic officials who neglected enforcement, underscoring the need to reinforce respect for the rule of law.

(inputs from PTI)