Bombay High Court junks states policy for illegal bldgs

Mumbai: Noting that the state’s draft policy for regularisation of unauthorised construction across the state would rather end up encouraging such construction instead, the Bombay high court struck down the draft on Friday.

The court said that the draft policy is contrary to the MRTP Act, Development Control Rules and State Town Planning Act. This is the second time when the high court has struck down the state government’s draft policy.

A division bench of Justice Abhay Oka and Justice Anuja Prabhudesai was hearing a petition filed by Mayura Maru and Rajeev Mishra alleging unauthorised construction at Digha village in Navi Mumbai.

In 2015, HC had directed MIDC, CIDCO, Navi Mumbai Municipal Corporation (NMMC) to demolish around 94 unauthorised buildings in Digha village.

The state government had said that it would bring new policy to regularise illegal construction through out the state. After one policy presented by the government had been struck down last year, the court had suggested drafting a new one.

While hearing the matter, the court pointed out anomalies in the policy. It objected to a section that said unauthorised construction can be regularised if a competent authority like municipal corporations or urban development department, approves the request of
a person who constructed the said structure.

The court had raised the query asking whether areas like dumping ground, land near nullah, river bed, defence land, or mangroves can also be cleared for construction if competent authority gives approval. The state had not given any satisfactory answer.

The state also presented to the court a mechanism adopted by it to prevent illegal structures from coming up in future.

However, judge remarked why there is a need to wait for the high court order to implement such a mechanism.