Bombay High Court seeks prompt action as KDMC says 4,570 structures in Kalyan-Dombivali illegal

A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor was hearing PILs filed by Harishchandra Shantaram Mhatre and Sarvesh Shahu Sawant against illegal constructions in KDMC area.

During an earlier hearing, CJ Upadhyaya had noted that the measures suggested by the Municipal Commissioner to remove illegal constructions “shall be acted upon in all seriousness.” The HC had said it will be the duty of a police station’s local in-charge to demolish or remove any encroachment.

The court had also directed the electricity distribution companies concerned to work in tandem with the civic body to effectively remove the unauthorised constructions. It directed that needful step be taken so that no fresh encroachment props up on the civic body’s or government land in the KDMC area.

On Tuesday, advocate A S Rao for KDMC submitted an affidavit with details from a survey conducted identifying the illegal encroachments and constructions, wherein 4,570 structures have been identified to be unlawful.

The civic body also submitted that after the previous order, it demolished/removed 1867 structures including multi-storeyed buildings where RERA registration had been cancelled, constructions on public properties including roads, footpaths.

However, the civic body had added that most of its staff is engaged in general election related duties and Election Commission on February 19, this year had informed all government agencies not to carry out demolition/eviction drives and shall be temporarily suspended till completion of general election. The civic body said that after completion of election Code of Conduct, it will take further steps in the matter as per court directions. “This election gives reprieve for so many,” CJ Upadhyaya had remarked.

Rao submitted that action shall be initiated against the illegal occupants/encroachers under the Maharashtra Municipal Corporation Act, 1949 and the Maharashtra Regional and Town Planning (MRTP) Act, 1966.

Government Pleader P P Kakade representing the state also submitted an affidavit by Vishwas Digambar Gujar, Sub-Divisional Officer (SDO), Kalyan, stating that the survey of entire government land falling within Kalyan taluka and municipal limits of KDMC had been conducted from January 30 to March 19 this year and based on the same, a report had been prepared.

The affidavit by the SDO, Kalyan, stated there were 7,793 encroachments on residential and 459 on commercial government lands in KDMC area. Moreover, 780 residential, three commercial lands and 17 agricultural lands in rural areas were encroached and directions have been issued to remove such encroachments and precautionary measures so that such illegal structures do not come up.

The bench sought a rejoinder from petitioners to the affidavits by state and civic authorities within four weeks and posted further hearing to July 8.