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SC dismisses Mumbai society plea to regularise illegal construction

The bench dismissed a plea by Esha Ekta Apartments Cooperative Housing Society Limited,Mumbai,and praised BMC refusal to regularise floors constructed in violation of the sanctioned plan.

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Supreme Court (SC) has said it was “regrettable” that governments were regularising illegal constructions in cities. A bench of justices G S Singhvi and S J Mukhopadhaya said government authorities had “miserably” failed in implementing municipal laws for planned development of cities.

“In the last five decades,provisions contained in municipal laws for planned development have been violated with impunity in all cities and those entrusted with the task of implementing master plans have failed miserably,” HC said.

The bench dismissed a plea by Esha Ekta Apartments Cooperative Housing Society Limited,Mumbai,and praised BMC refusal to regularise floors constructed in violation of the sanctioned plan.

“By rejecting the prayer for regularisation of floors constructed in violation of the sanctioned plan,the deputy chief engineer and the appellate authority demonstrated determination to ensure planned development. Their orders have given hope to law-abiding citizens that builders will not be allowed to take law into their own hands ,” HC said.

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