The Supreme Court has dismissed a Special Leave Petition from families residing in 41 illegal buildings in Agrawal Nagari, Nalasopara, allowing the Vasai Virar Municipal Corporation (VVMC) to proceed with demolitions. The residents, served a 24-hour eviction notice, had sought relief from the Bombay High Court, which extended the eviction deadline but did not halt the demolitions. The court noted the unauthorized constructions were erected without the necessary approvals, with part of the land designated for public projects. The civic body has requested police protection to carry out the demolitions and plans to cut off utilities to the affected buildings.
The Supreme Court recently dismissed a Special Leave Petition submitted by families living in 41 illegal buildings in Agrawal Nagari, Nalasopara, thereby permitting the Vasai Virar Municipal Corporation (VVMC) to move forward with the demolition of these structures. The residents, who received a 24-hour eviction notice from the VVMC on July 2, had initially sought relief from the Bombay High Court, which extended the eviction deadline to October 30 but did not stop the demolition process. In its ruling, the apex court highlighted that the buildings were erected without the necessary approvals from authorities and underscored that a site designated for a public project cannot be occupied by unauthorized structures. Justices Hrishikesh Roy and SVN Bhatti oversaw the case.
The writ petition that initiated this action was filed by three elderly brothers-Mohanlal Patel, Ramanlal, and Dhirajlal-who currently reside in Canada and New Zealand. They had entrusted their youngest brother, Ramdas, a resident of Vasai, with power of attorney, which he subsequently transferred to his son, Piyush, and Ajay Sharma.
The illegal constructions cover an area of 60 acres, including 30 acres of private plots that have allegedly been encroached upon by Sitaram Gupta, a former corporator from the Bahujan Vikas Aghadi, who was arrested by the Economic Offences Wing in September of last year. The petitioners assert that they have owned the property since 1977, which is designated as wetlands. However, according to the 2010 development plan, their entire land was earmarked for a dumping ground and sewage treatment plant without any prior notice or compensation.
Despite the demolition of 200 structures in 2013-14 following a writ petition by Harit Vasai Saurakshan Smirti, illegal chawls have continued to be built on the site. The occupants, who belong to the labour class and have resided in the area for the past 15 years, assert that they purchased their homes through cash payments made at regular intervals. They are now seeking alternative accommodation from the government.
The Supreme Court noted that while the occupants have the right to approach the government for rehabilitation, the authorities are permitted to proceed with the demolitions. The civic body has requested police protection to carry out the demolitions and has contacted the electricity department to disconnect power supply, with plans to halt the water supply as well.
In conclusion, the court's ruling reinforces the need for compliance with zoning regulations and the prioritization of public land use. While the affected residents can seek rehabilitation from the government, the VVMC is moving forward with demolitions, highlighting ongoing challenges in addressing illegal constructions within urban areas.
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