Mumbai: Observing that it was yet another case highlighting the BMC’s deliberate and wilful inaction permitting illegal constructions, the Bombay high court directed the civic body to demolish within a week a community hall on a Ghatkopar plot meant for a playground. The high court directed the BMC to retain the plot as an open space for a playground and not permit any construction on it.
Snehdeep Krida Mandal, an NGO, petitioned the high court for its intervention, stating that the authorities were depriving residents of open space in a crowded suburb despite the town planning policy reserving the land for a playground.
“The BMC simply stops after issuing notices and takes no preventive action to stop illegal construction. This inaction encourages and promotes illegal constructions. In this case, it also involves MHADA (Maharashtra Housing and Area Development Authority),” said Justices Ajay Gadkari and Kamal Khata on April 17.
The bench reiterated its earlier observation of how “these illegal constructions completely jeopardise the planned development of the city and drain the existing resources”.
The high court directed the municipal commissioner to take appropriate action against errant officers and the MHADA CEO to initiate an inquiry against its officer for sanctioning approval for public funds for an illegal construction. Both must file a compliance report in six months.
The high court said it found law-abiding citizens with authorised structures are faced with several difficulties and shortages since the resources are being shared by these illegal constructions.
The civic body said the public trust Akhil Bhatwadi Sarvajanik, which was sent a notice, obtained a stay from the civil court to restrain demolition action. The high court said, “This is the usual modus operandi by those who put up illegal constructions.”
“This is a clear case where the purported trustees of the trust have used their influence with the MP and the local authorities to construct an illegal structure with public funds,” the high court judgment recorded and held that inaction by the BMC officers was “dereliction of duty”.