Bombay HC directs Thane corporation to take steps to demolish 128 residential units

A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar was hearing a PIL by one Altaf Hussain Md Takim Chaudhari against the said “illegal” constructions situated on a plot beside Saya and Lambodar Park buildings, argued through advocates Saurabh Butala and Harshad Sathe.

“You (TMC) allowed bungalows and six apartments to come up on government land? And now you say 600 families are residing there? How long did you allow construction to go on and what was your enforcement department doing? The constructions were raised without any permission and every single law was flouted and did you make any attempt to demolish them first? How can you presume they will resist an attempt to demolish? Could you not request assistance from the concerned police station to demolish such structures? Nothing has been for over three years from 2021,” the bench orally remarked.

It allowed the petitioner to amend the plea by making occupiers of the said units as respondents and in the alternative permitted him to add Residents Welfare Association/Societies of occupants as party-respondents.
The bench noted that the TMC had admitted that construction in questions were illegal and various steps had been taken by it for demolition, however, despite the pendency of PIL since 2002, they have not been razed, therefore, the said structures be examined.

It also directed petitioners to add Maharashtra government as party respondent through its Urban Development Department along with concerned Collector/Sub Divisional Officer and Tahsildar, as the land over which the said constructions had come up belonged to the state. It sought affidavits in reply from the state authorities.

Seeking personal affidavit by the TMC commissioner detailing steps taken to ensure compliance of the HC order related to the removal of said constructions, the bench posted further hearing to October 9.