The court had also directed the electricity distribution companies concerned to work in tandem with the civic body to effectively remove the unauthorised constructions. (File photo)
The Kalyan Dombivali Municipal Corporation (KDMC) on Tuesday told the Bombay High Court that as per a survey, 4,570 structures within its jurisdiction have been identified as unlawful and illegal, and appropriate action is being taken against their occupants.
The court asked the corporation to promptly issue show cause notices to occupants and owners concerned.
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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.
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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.
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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.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
