The Bombay High Court has denied any relief from demolition to 41 buildings in Vasai, Palghar district, ruling that they are "wholly illegal and unauthorized." These buildings were constructed on land reserved for a sewage treatment plant and dumping ground.
Court's Decision and Observations
A division bench of Justices M S Sonak and Kamal Khata observed that the buildings are "patently illegal" and directed flat owners to vacate the premises by September 30. The court allowed this extension on the condition that the owners submit an undertaking to vacate.
In June, the bench, while hearing a petition against the buildings, stated there was no impediment for the Vasai Virar City Municipal Corporation (VVCMC) to take action against such structures. Following this, the VVCMC demolished some buildings and issued demolition notices to 41 others, instructing occupants to vacate within 24 hours.
Petition for Relief Denied
Fifteen flat owners moved to the High Court seeking relief from the demolition. However, the court refused their plea, noting that the petitioners failed to show that their buildings were constructed with proper authorization. The court suggested that the flat owners could sue the builder or developer for damages, as they may have been deceived.
Criticism of Civic Body
The bench criticized the civic body for its lack of prompt action, which allowed such illegal structures to be built. "The civic body is encouraging land mafia and poor people are suffering in all this," the court stated. The judges emphasized that the land reserved for essential infrastructure like sewage treatment and dumping grounds cannot be usurped.
Temporary Relief Due to Monsoon
Acknowledging the ongoing monsoon season, the court ordered that the demolition should not be carried out until September 30. However, flat owners must submit an undertaking within a month to vacate the premises by the end of September.
Conclusion
The Bombay High Court's decision underscores the importance of adhering to legal and regulatory frameworks in construction. It also highlights the need for civic bodies to take timely action to prevent illegal developments and protect essential infrastructure.