Can’t allow regularising illegal structures: Bombay HC

Taking a stern view on illegal constructions in the state, the Bombay high court on Wednesday rejected the Maharashtra government’s request to allow it to implement a policy to regularise illegal structures across Maharashtra that came up before December 31, 2015. The court has also asked the government to come up with a new policy by June, when the matter would be heard.

The division bench of Justice Abhay Oka and Justice Prakash Naik held that the policy violates Article 14 of the Constitution of India, as well as against orders passed by the Supreme Court in the past. According to the judges, the policy also violated a high court order restraining the government from extending the cut-off date, which is January 1, 1995. The court was of the view that the policy was also not in conformity with the provisions of Maharashtra Regional and Town Planning Act (MRTP), 1966. The current cut-off date is January 1, 2000.

The court was hearing a public interest litigation challenging illegal constructions in Navi Mumbai on public land. The petitioner’s lawyer, Datta Mane, had informed the court that there were around 2.50 lakh illegal structures in the state, excluding the slums.

A draft of the policy was presented to the court earlier this month during hearing of this PIL. This draft policy proposed to regularise illegal constructions, which came up before December 31, 2015. The proposed policy permitted construction on land reserved for schools, playgrounds, roads, open spaces and even government land and those belonging to public authorities. It also proposed to regularise illegal constructions in industrial, commercial and no-development zones.

The bench also observed that if such a large number of constructions were regularised, people at large would be deprived of civic amenities such as water and electricity supply because it would not be possible for the authorities to cater to the population.

Government pleader Abhinandan Vagiyani had argued that the draft policy seeking to regularise illegal structures was not irrational as argued by the petitioner. A planning authority scrutinises proposals for regularisation and under existing municipal laws it is open for them to regularise illegal constructions.

The judges, however, said, “We cannot allow such a policy.” It further said that such a policy could not be allowed to protect illegal structures in keeping with the provisions of existing laws.