Bombay HC slams NMMC for ‘haphazard urbanisation’, failure to take action against illegal constructions

It also warned authorities that if they do not take adequate steps to comply with various directions of the November 2018 HC verdict, it will be compelled to issue contempt notices and summon the CEO and Commissioner of the authorities before it, to show-cause as to why contempt action cannot be taken against them.

The HC further expressed concerns over only 28 police personnel being made available to the civic body to conduct demolition actions against unauthorised constructions despite a sanctioned strength of 78 and some of them being deputed on other duties on certain special occasions such as festivals. The Court asked the government to fill all 78 posts within three months and that they shall not be deputed to any other duty, unless in case of extreme requirement.

A bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar was hearing a PIL filed by one Kishor Sunder Shetty, raising concerns over illegal structures, along with a contempt plea filed by one Rajiv Mohan Mishra alleging non-compliance by Navi Mumbai authorities of 2018 HC directives.

The civic body submitted an affidavit stating that as per its survey, between June 1, 2016 and September 30, 2024, there were 6556 unauthorised constructions in the NMMC area.

It added that notices under section 53 (removal of unauthorised development) of Maharashtra Regional and Town Planning (MRTP) Act, 1966 were issued to 3,214 constructions and notices under section 54 (stopping of unauthorised development) were issued to 2,863 constructions.

The civic body said that partial demolition has taken place for 3096 constructions and FIRs were lodged under section 53 (6) (non compliance of demolition notices) of MRTP Act related to 1,044 unauthorised constructions.

CJ Upadhyaya expressed displeasure over insufficient action and orally remarked to the authorities, “It pains us. Your (NMMC) Commissioner is not aware of how to launch criminal procedures in such matters?That is how this matter is proceeding? If you wanted, the entire Navi Mumbai could have been developed in an absolutely planned way. There was no chance of such haphazard urbanisation. But you failed completely.”

“We understand this about the old towns, but this (Navi Mumbai) is a town which was developed completely new. See how drastic powers are given to you, and still 10,000 illegal constructions came up? What has the Corporation been doing? Everything is in place, but only on papers. Sometimes, (you say) there is Ganesh festival,Eid, Navratri or Elections ( for not initiating action). Your officers do not know how to initiate criminal procedures,” he added.

CJ Upadhyaya went on to remark, “I wish I am wrong, but there is no deterrence. Anyone is free to do anything. You do not act. This is all your (NMMC) creation. At least we can say that for Navi Mumbai . How such haphazard development took place there? It is because of you. Tell your Commissioner we cannot shut our eyes.”

The NMMC claimed that 90 percent of the work for a survey of the entire area to find illegal constructions is completed and it will conclude in two months.

Warning authorities of contempt action the bench said that “lack of interest, laxity and zeal on part of officers of the authorities,” causes “enormous difficulties to the urban residents of the city of Mumbai.”

Posting further hearing to December 18 , HC said that appropriate measures taken by planning authorities to check initiation of illegal construction or encroachments are missing.