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MUMBAI: Bombay high court on Wednesday said Kalyan Dombivli Municipal Corporation (KDMC) must take all steps for removal of unauthorised construction and encroachments and also ensure that no fresh illegal construction comes up.
“We don’t want any illegal construction to come up,” said Chief Justice Devendra Kumar Upadhyaya and Justice Arif Doctor while hearing a PIL by Harishchandra Mhatre for removal of unauthorised constructions and encroachments on KDMC and collector lands.
On January 3, the court was told KDMC in November under RTI had replied that “there are 1.69 lakh structures.” Following HC direction, municipal commissioner Indurani Jakhar and an officer from collector’s office were present in court.
KDMC’ s advocate A S Rao submitted an affidavit on steps it will be taking against illegal construction. He said in last 3 years 2704 structures were issued notices, 1004 were declared unauthorised and 2967 were demolished including those earlier served notices. Rao said there are 12942 encroachments. To the judges query on “the number of illegal constructions today”, Rao said a survey will be conducted to identify such structures and take legal action against them.
The States’ reply said there are 272 unauthorised constructions on collector’s land. Government pleader Priyabhushan Kakade said notices have been issued to them. He said the collector will also conduct such a survey.
Mhatre’s advocate Shriram Kulkarni said after removal of structures, a compound wall must be constructed to prevent further illegal constructions. The judges said it is KDMC’s duty to ensure the same and “the Corporation is vested with adequate authority and power under the law to take preventive steps…” “We direct that all needful shall be done by authorities of Corporation to take adequate and prompt steps so that no fresh unauthorised construction and encroachment shall come up,” the judges said.
The judges directed that the local in-charge of the police station shall provide requisite police force to KDMC employees especially during demolition. They directed KDMC and the collector to complete the survey within 2 months and submit their reports to court.
“We don’t want any illegal construction to come up,” said Chief Justice Devendra Kumar Upadhyaya and Justice Arif Doctor while hearing a PIL by Harishchandra Mhatre for removal of unauthorised constructions and encroachments on KDMC and collector lands.
On January 3, the court was told KDMC in November under RTI had replied that “there are 1.69 lakh structures.” Following HC direction, municipal commissioner Indurani Jakhar and an officer from collector’s office were present in court.
KDMC’ s advocate A S Rao submitted an affidavit on steps it will be taking against illegal construction. He said in last 3 years 2704 structures were issued notices, 1004 were declared unauthorised and 2967 were demolished including those earlier served notices. Rao said there are 12942 encroachments. To the judges query on “the number of illegal constructions today”, Rao said a survey will be conducted to identify such structures and take legal action against them.
The States’ reply said there are 272 unauthorised constructions on collector’s land. Government pleader Priyabhushan Kakade said notices have been issued to them. He said the collector will also conduct such a survey.
Mhatre’s advocate Shriram Kulkarni said after removal of structures, a compound wall must be constructed to prevent further illegal constructions. The judges said it is KDMC’s duty to ensure the same and “the Corporation is vested with adequate authority and power under the law to take preventive steps…” “We direct that all needful shall be done by authorities of Corporation to take adequate and prompt steps so that no fresh unauthorised construction and encroachment shall come up,” the judges said.
The judges directed that the local in-charge of the police station shall provide requisite police force to KDMC employees especially during demolition. They directed KDMC and the collector to complete the survey within 2 months and submit their reports to court.
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