Follow due process while razing structures, says Bombay HC

Mumbai: While stating that structures within 10 metres of the Tansa pipeline, whether above or below the ground, could possibly be targetted by terrorists and pose a threat to the lives of the 1.8 crore population of the city, the Bombay high court has not permitted the arbitrary demolition of structures by the Brihanmumbai Municipal Corporation (BMC) and has directed the state and corporation to ensure that they follow due process of law while evicting the occupants of the structures to be demolished. 

A division bench of Justices A.S. Oka and Riyaz Chagla while disposing off a bunch of writ petitions filed by residents of Sakinaka who were issued demolition notices under section 314 of the Mumbai Municipal Corporation Act 1888 by the BMC was not valid as the structures were not built of land vested with the government nor were they erected on open channel, drain, well or tank as stipulated in the sub section of the same act to be liable for demolition. 

The court while referring to its earlier order in a public interest litigation held that while there was a perceived threat to the lives of the citizens of Mumbai by way of water being contaminated or facing threats from terrorists said that it did not warrant the BMC to act arbitrarily and had to follow due process of law. 

The court further directed the BMC that as they had decided to demolish the structures in light of the previous court order, it was expected of them to follow due process of law expeditiously. 

The court however added that it was not going into the issue of eligibility of the structure owners to be rehabilitated and directed the civic body to deal with it .