Bombay HC asks local and planning authorities not to demolish structures during Diwali
The court was hearing a plea by a retired Navy Commander against the demolition notice issued by the Pune Metropolitan Region Development Authority (PMRDA).
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Last year, it granted interim relief to slum dwellers in Chembur by restraining authorities from taking coercive action against them during the Ganesh festival. The Bombay High Court Wednesday passed a ‘general directive’ asking all planning and local authorities across Maharashtra not to demolish any structure during the Diwali period, until November 20-21.
The high court last year granted relief to aggrieved people apprehending demolition or vacating of residences during Ganesh Utsav, among other festivals. However, it passed a general directive to all authorities in the present matter.
A division bench of Justice Gautam S Patel and Justice Kamal R Khata passed an ad-interim order while hearing a plea by retired Navy Commander Baldevsingh Bhagwansingh Bhatti against the demolition notice issued by the Pune Metropolitan Region Development Authority (PMRDA).
Bhatti’s plea challenged the notice dated October 31 by the PMRDA under Section 53(1) of the Maharashtra Regional and Town Planning (MRTP) Act, 1966, ordering demolition of the petitioner’s farmhouse structure at Kurvande village in Maval taluka of Pune district.
The petitioner said he had also filed an application on October 24 with the PMRDA for regularisation of alleged unauthorised construction. Senior advocate Anil Singh for the petitioner pointed out that the structure in question has been in existence since 1996 and such an arbitrary notice issued in “highhanded manner at the behest of persons with vested interest” was not required.
The court noted that whether or not there are sufficient permissions for the same will have to be examined. “We do not see any urgency in removing such a structure,” the bench observed and put ad-interim injunction on PMRDA by restraining it from taking any action or enforcing its notice until December 1, when it will hear the plea next.
“This is without prejudice and no equity basis and subject to further orders in the Writ Petition itself,” the high court clarified.
The court also passed a directive to all planning and local authorities in the state and noted, “As a general directive, we would request all planning and local authorities to stay their hands on demolitions during the Diwali period and certainly until 20th/21st November 2023. There are intervening public holidays between 12th November 2023 (Diwali) and 15th November 2023 (Bhaubeej).”
Last year, it granted interim relief to slum dwellers in Chembur by restraining authorities from taking coercive action against them during the Ganesh festival. In the same year, the high court had also granted interim relief to hundreds of employees residing in Air India staff quarters at Kalina in suburban Mumbai to continue occupying allotted residences in view of “Ganesh festival being celebrated in state with passion”.
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