Uncontrolled illegal constructions wouldn’t have mushroomed in MMR if 2009 GR was implemented strictly: Bombay HC

The bench referred to the March 2, 2009 GR issued by then Urban Development Department (UDD) secretary Manu Kumar Shrivastav, which laid down rigorous terms and conditions to take action against illegal and unauthorised constructions mushrooming all over the state. “If the same was to be implemented in letter and spirit, it would not have brought the present situation of such a large number of uncontrolled unauthorised and illegal construction within municipal jurisdictions of the municipal corporations falling in the Mumbai Metropolitan Region,” the HC said and sought strict implementation of the GR.

A division bench of Justices Girish S Kulkarni and Arif S Doctor was hearing compliance by the TMC of its June 12 and 19 orders that cleared the way for demolition of unauthorised structures / buildings constructed on a five-and-half-acre land belonging to the petitioner senior citizen woman at Shil near Mumbra area, which was encroached by the “land mafia”.

It had earlier directed the civic body to act ruthlessly within the parameters of law against officers aiding illegal constructions and ensure illegal constructions in green and no-development zones across its wards are demolished with the help of adequate police protection.

Senior advocate Ashutosh Kumbhakoni and advocate Mandar Limaye representing the TMC submitted that between June 19 and 25, nearly 88 illegal structures across wards were demolished. The TMC lawyers also submitted that it had suspended assistant municipal commissioner Faruk Shaikh for allegedly failing to act against illegal constructions despite being privy to the same. The TMC said it has laid down Standard Operating Procedures (SOPs) which provide that expenses of demolition will be recovered from owners or occupiers of the illegal building.

The court noted in its order that apart from the cost to be incurred from landowners, developers and contractors, “there has to be some percentage of recovery, which in our opinion, should be minimum 10% from the erring officers, with whose blessing such illegal constructions have come up”.

The court further stated that such measures be taken for “timely action against the municipal machinery, which is aiding and abetting construction of unauthorised and illegal buildings of such large magnitude.”

“None except the Thane commissioner has bothered to look at the 209 GR. We are yet to come across any such commissioner doing it including Mumbai, Bhiwandi, Vasai-Virar and others. None wants to do anything about the GR… Machinery wakes up only after we pass orders,” Justice Kulkarni orally remarked.

“Why does this not happen in Singapore, US, UK and other countries? Because enforcement of law is so strict that none can get away. And here, everywhere we see where we can break the law and our officers, the moment there is someone breaking the law, take advantage of those people. This whole thing shows we have no patriotism at all. If you love your village, city, state, you have to be law abiding,” the judge added and posted further hearing to July 10.