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The Bombay High Court recently dismissed a plea by a hotelier seeking orders to restrain the civic body from demolishing his illegal structures and enable him to make an application for regularization. The High Court bench of Justices Girish Kulkarni and R N Laddha rejected the plea, stating that the provision for regularization cannot be a utilized as a weapon in every case of unauthorized construction. The court also directed the municipal body not to take any coercive action against the petitioner until he removes the unauthorized commercial structure himself in four weeks.
The Bombay High Court recently dismissed a plea by a hotelier seeking orders to restrain the civic body from Advertisement
demolishing his illegal structures and enable him to make an application for regularization. The High Court bench of
Justices Girish Kulkarni and R N Laddha rejected the plea, stating that the provision for regularization cannot be a
utilized as a weapon in every case of unauthorized construction. The court also directed the municipal body not to take
any coercive action against the petitioner until he removes the unauthorized commercial structure himself in four
weeks.
The petitioner, Saqib Khan, who claimed to be the owner of the land, ran a hotel and bakery with substantial
unauthorized commercial construction. The Kalyan Dombivli Municipal Corporation (KDMC) had issued a show
cause notice over the structure in February, and after a hearing, the KDMC held that the construction was illegal and
needed to be pulled down. The HC also noted that the petitioner failed to furnish any documents that would show that
the construction was authorized in any manner.
The HC said that permitting the course of action requested by the petitioner would encourage unauthorized
construction, which cannot be the intention of the legislature when it prescribes strict provisions to govern
construction under the planning laws. The court said that granting pleas for regularization in a rank illegal case "would
bring about a lawless regime in putting up illegal construction."
The HC also observed that it appears to be a usual practice for persons undertaking illegal constructions to make
reckless allegations of corruption against municipal corporation officers when action is being taken to remove
unauthorized construction. The court stated that if the petitioner does not file or furnish his undertaking, the
corporation is free to proceed against him in accordance with the law.
The HC's decision emphasizes that the provision for regularization cannot be used as a tool for circumventing
regulations and justifying unauthorized construction. The ruling also highlights the need for stricter enforcement of
planning laws and regulations to prevent the proliferation of illegal constructions, which pose a risk to public safety
and damage the environment.
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