9 months ago
Bombay HC Orders Malegaon Civic Body to Demolish Illegal Constructions
Imagine a family owns a big piece of land.
The city wanted to build a police station there, but they never actually bought the land from the family.
Then, some people started building houses and shops illegally on the family's land.
The family complained to the city's building office many times, but the office didn't do anything.
The family then went to a big court.
The court was very upset with the city's building office for not doing its job and letting people build illegally.
The court told the city's building office that it must tear down all the illegal buildings within 30 days, and get help from the police if needed.
The court also said that the city's excuses, like being too busy or needing police help, were not good enough to ignore its duty.
The Bombay High Court has ordered the Malegaon Municipal Corporation (MMC) to demolish illegal constructions on a plot reserved for a police station.
The court criticized the MMC for apathy and dereliction of duty in failing to act against encroachments despite repeated complaints.
The plot in question was originally purchased by a family, later reserved for a public purpose in a revised development plan, a reservation the family contested.
The MMC's defense, stating the dispute was personal and they had more important public works, was called "shocking" by the court.
The High Court directed the MMC to undertake the demolition within 30 days, with the option to seek police protection if necessary.
- Who
- Bombay High Court, Malegaon Municipal Corporation (MMC), and a family of landowners.
- What
- The Bombay High Court ordered the Malegaon Municipal Corporation (MMC) to demolish illegal constructions on a plot of land reserved for a police station.
- Where
- Malegaon
- When
- The court issued its order on November 4.
- Why
- The High Court expressed anguish over the MMC's apathy and dereliction of duty in failing to act against illegal encroachments on the plot, despite repeated complaints and court directives.
Malegaon Municipal Corporation (MMC)
Petitioners (Landowner Family)
Responsibility for illegal constructions
Malegaon Municipal Corporation (MMC)
The MMC claims the dispute is 'inter se' and a personal benefit to the petitioners, stating they have more important public works to attend to. They also claim they initiated action but couldn't complete it due to lack of police protection.
Petitioners (Landowner Family)
The petitioners allege the MMC failed to act against encroachments on their land despite repeated complaints and connivance with encroachers by MMC officers.
Status of land reservation
Malegaon Municipal Corporation (MMC)
The land was reserved for a police station and staff quarters in a revised development plan around 1999.
Petitioners (Landowner Family)
The petitioners claim the reservation lapsed/expired because the authorities did not acquire the land. They were denied permission to construct in 2005 on the grounds of reservation.
Key facts
- Court
- Bombay High Court
- Civic Body
- Malegaon Municipal Corporation (MMC)
- Location
- Malegaon
- Plot Size
- Approx. 9,524 square metres
- Land Reservation
- Police station and staff quarters
- Court Order Deadline
- Within 30 days
Quotes
Bombay High Court
The judicial bench hearing the case.
“It is rather surprising to note the tenor of this affidavit and quite shocking to note that the rampant illegal constructions that have taken place on the petitioners’ plot do not deserve any attention from the MMC. The MMC has chosen not to take any action and is shirking away from its responsibility.”
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“This is yet another petition which reflects the apathy and complete dereliction of duty on the part of the Malegaon Municipal Corporation in not taking action against complaints made to remove illegal constructions, which are mostly rampant in cities like Mumbai and its neighbouring districts/areas.”
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Malegaon Municipal Corporation (MMC)
The civic body accused of inaction.
“dispute is an inter se dispute and that they have many more important works of public nature that deserve the attention of MMC.”
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“purely for the personal benefit”
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