‘Will regularisation impact be assessed?’

Mumbai: The Bombay high court on Friday asked the state to clarify if it would conduct impact assessment before regularising illegal constructions.

A division bench hearing a public interest case against regularising some illegal structures in the Digha area of Navi Mumbai and the validity of the proposed amendment to the Maharashtra Regional Town Planning Act under which the state planned to regularise the structures asked the state whether the town planning department had considered the impact of regularising illegal structures on the town planning process.

Justices Abhay Oka and A.K. Menon posted for Monday for arguments on the PIL that activist Rajiv Mishra has filed. The state government submitted to the court that according to directive principles of the Constitution, the state is bound to provide shelter to the poorer sections of the society. Therefore wherever the state finds that it can regularise illegal structures it is planning to regularise them.

According to petitioner, this amendment will set a wrong precedent and encourage illegal structures in the future.

Senior counsel Anil Sakhare argued on behalf of the state that according to Supreme Court judgments and article 21 of Constitution every person has the right to have a shelter. The state government through various projects and housing schemes, try to construct houses for the poorer sections of the society but it does not meet the increasing requirements of the people.

The court asked the state whether the state would regularise illegal construction on playground, garden, and drains. Mr Sakhare submitted that the state would regularise those structures which it felt it could regularise and reject the other proposals.