In a decisive move, the Bombay High Court has instructed the Navi Mumbai Municipal Corporation (NMMC) to dismantle an unauthorised structure situated on CIDCO land within the span of eight weeks. The court firmly dismissed any possibility of regularisation through fines or compensation, emphasising the paramount importance of private interests aligning with the public good. Identified as belonging to Ishwar Mavji Patel, the structure's illegal status underscores the necessity for strict adherence to legal regulations governing land usage and construction in the region.
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In a recent ruling, the Bombay High Court has directed the Navi Mumbai Municipal Corporation (NMMC) to demolish an entire four-story residential building constructed illegally on CIDCO land in Ghansoli. The court ordered the demolition within eight weeks, granting the 23 residents residing in the 29 flats six weeks to vacate the premises.
In its judgement, the court emphasised that the regularisation of wholly illegal buildings cannot be permitted through fines or compensation. They stressed the importance of balancing individual rights with the public good, stating, "Private interests must be subordinated to the public good."
The High Court rejected any possibility of granting a stay or extension of time for the building's protection, affirming that the entire development was illegal and the occupation on the plot unauthorised. The HC had taken up the matter suo motu last year, questioning how NMMC was providing municipal water supply to an unauthorised building that had been demolished four times previously.
The court condemned the rampant illegality and unauthorised construction, directing CIDCO and NMMC to develop a working policy and scheme to protect their lands. This scheme is meant to include measures such as fencing and signboards to prevent unauthorised construction.
The judgement noted that despite claims of legitimate possession by some individuals, their rights stem from illegality and cannot be protected. The builder of the structure, Ishwar Mavii Patel, was identified in the court proceedings.
Advocate Rohit Sakhadeo for CIDCO emphasised that CIDCO bore no fault in the matter. NMMC's advocate Tejesh Dande highlighted the corporation's zero-tolerance policy towards illegal construction and its use of digital technology, including drones and radar, to monitor developments.
Senior counsel Sharan Jagtiani, appointed as amicus curiae, emphasised the importance of digital real-time mapping to prevent unauthorised constructions. The High Court rejected residents' plea for regularisation, stressing that individual interests must not override existing laws and the larger public good.
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