The Bombay High Court has ordered the Brihanmumbai Municipal Corporation (BMC) to demolish a community hall constructed without permission on a plot reserved for a playground in Ghatkopar, Mumbai. The court's decision comes after the developer, Akhil Bhatwadi Sarvajanik Utsav Mandal, illegally constructed the building on public land meant for recreational and social purposes.
Details of the Illegal Construction
The plot in question, measuring 585 square meters, was originally reserved for a playground and used for sports, social, and religious activities. However, the trust illegally constructed a community hall occupying 90 square meters of the plot in 1994. In 2023, the trust demolished the original structure and began constructing a new community hall. Despite multiple complaints to the BMC, no action was taken, and the project continued under the guise of financial support from a local Member of Parliament.
Court's Ruling and BMC's Inaction
The Bombay High Court criticised the BMC's inaction, pointing out that despite receiving several complaints from citizens, the civic body failed to take timely action against the illegal construction. The court stated that the BMC’s failure to act promptly led to the continued construction of the community hall, even after notices were issued. The court also emphasised that the BMC officers involved in this matter were guilty of dereliction of duty.
Impact on Public Land and Public Trust
The court ruled that the unauthorised construction must be demolished and the plot should be returned to its intended use as an open space. The judgment stated that depriving the public of the land for its original purpose, especially when it was designated for the welfare of citizens, would result in a loss to the public exchequer. It also stressed that authorities like the BMC and MHADA should not permit such illegal constructions under any circumstances.
Accountability and Professional Misconduct
The court directed the municipal commissioner to take action against the BMC officers involved, holding them accountable for the abuse of their positions. Furthermore, the court found that the trust’s advocate misrepresented facts in a civil court to obtain an injunction order to halt the demolition of the illegal structure. As a result, the case was referred to the Bar Council of Maharashtra and Goa for professional misconduct proceedings against the advocate.
Conclusion
The Bombay High Court’s decision underscores the importance of timely action to prevent illegal constructions that undermine the planned development of the city. By ordering the demolition of the illegal community hall and ensuring the plot remains an open space, the court reinforced the responsibility of civic bodies to uphold public welfare and the rule of law. The ruling also sends a strong message about the need for accountability at all levels of governance to prevent the growth of illegal constructions in Mumbai.