India >> Maharashtra >> Kalyan-Dombivli

Bombay High Court mandates demolition of illegal building

Synopsis

The Bombay High Court has directed the Kalyan Dombivli Municipal Corporation (KDMC) and Thane Police to demolish the illegal Radhai Complex in Dombivli East. This order follows a mob of 200-300 individuals obstructing officials during a demolition attempt on July 16. The court emphasised the need for law enforcement to counteract such resistance. KDMC and police are required to submit compliance reports by August 12. The incident highlights the broader issue of unauthorised constructions and the challenges faced by authorities in urban areas across India.

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The Bombay High Court has ordered the Kalyan Dombivli Municipal Corporation (KDMC) and the Thane Police to ensure the demolition of an illegal building in Dombivli East. The court's decision comes after a troubling incident where a large mob allegedly hindered the demolition process, raising concerns about public safety and law enforcement.

The court's directives followed a chaotic scene on July 16, when approximately 200-300 individuals reportedly overpowered municipal officials and police officers trying to enforce the demolition of Radhai Complex, a multi-story building that is partly occupied. During the hearing, KDMC's advocate, Vaidehi Deshmukh, attributed the incident to political interference, highlighting the growing issue of unauthorised structures facing little opposition due to external pressures.

The case began with a petition submitted by Jayesh Mhatre, who owns the land on which Radhai Complex stands. He urged the court to enforce a demolition order issued by KDMC in March 2021. Inconveniences arose when officials attempted to execute this order, which had already been delayed. Justices Mahesh Sonak and Kamal Khata emphasised that residents must abide by legal processes and cannot resort to mob rule to resist lawful orders. They expressed concern that such behaviour undermines the rule of law and could pose a threat to social order.

The court has mandated a thorough response from both KDMC and the Thane Police. It requires detailed compliance reports by August 12, describing not only the steps taken to implement the demolition order but also any measures adopted to address those obstructing the process. The judges instructed the police commissioner to investigate the initial incidents that led to the disruption and to ensure that future actions comply with legal standards.

The implications of this ruling extend beyond Dombivli. As urban areas grow, illegal constructions have become a widespread challenge across many Indian cities. The clash in Dombivli serves as a reminder of the dangers when local authorities fail to enforce regulations and when communities react violently to enforcement actions. Experts argue that addressing unauthorised construction requires a collaborative effort that includes clear communication and engagement with residents to foster understanding of legal processes.

Furthermore, local administrations are encouraged to provide adequate notifications and conduct public awareness campaigns to inform residents about the status of their buildings and the consequences of engaging in illegal construction. This incident highlights the necessity for better governance, community relations, and adherence to legal frameworks in urban planning. This situation highlights the ongoing challenge of managing urban development in India, balancing growth with legality and safety.

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