Bombay HC Slams BMC For Inaction Since 2021, Orders Demolition Of Illegal Andheri Structure In 2 Weeks
Mumbai: Irked by the Mumbai civic body's failure to act against an illegal construction in Andheri despite several complaints since 2021, the Bombay High Court has strongly criticised the state government, questioning whether it wishes to encourage law-abiding citizens or law-breakers.
In its judgement dated April 17, the HC observed that illegal constructions on larger vacant plots often develop into slums, comprising both residential and commercial structures, while smaller plots are converted into commercial establishments.
A division bench comprising Justices A S Gadkari and Kamal Khata pulled up the BMC and ordered strict disciplinary action against the responsible officials, noting this was yet another example of BMC’s failure to prevent and remove unauthorised constructions. The civic body was directed to carry out the demolition within two weeks.
“Outstandingly, this case not only reveals but vindicates the common belief about the unholy nexus amongst all concerned,” the bench said. The bench said the petition ‘evokes annoyance’ due to the BMC's ‘non-communication and stoic silence’ since 2021, when initial complaints on the illegal construction were sent to the civic officers.
“We are exasperated not just by the inaction of the BMC and its officers, but also by their complete lack of courtesy towards a concerned citizen,” the high court added. It expressed concern over the emotional toll such inaction takes on law-abiding persons.
"One needs courage and the wherewithal to not only take up these issues against the law-breakers, who in some cases may also be anti-social elements, but also continue following up against all odds till a logical conclusion.
“Does the State want to continue encouraging the law-abiders or the law-breakers is a question that the government needs to answer. Presently, it appears to be the latter,” the bench said.
The bench called on the government to sensitise its ‘thoroughly insensitive’ public officers, asserting that their negligence has led to the proliferation of illegal constructions and lawlessness.
“A lax attitude by the state government would only lead law-abiding citizens to draw an inference that persons abetting the lawbreakers/persons indulging in illegalities, enjoy the benefits of these illicit gains from the illegalities conducted by anti-social elements who care a tuppence for the law,” the high court stated.
The order came in response to a petition filed by Asif Fazal Khan, who sought a court directive to raze an illegal structure built by one Azam Khan in suburban Andheri. According to the petition, the structure was temporarily occupied by anti-social elements, disturbing neighbouring residents and engaging in commercial activities on the plot.
Despite multiple complaints to the BMC since 2021, the petitioner claimed no substantial action was taken. In April 2024, the High Court directed the BMC to inspect the site and take appropriate action.
The BMC, however, said it couldn't comply due to election duty and the Ganpati festival. It noted that a demolition notice had been issued in February, giving Azam Khan 15 days to remove the structure. Azam Khan then approached a civil court, which ordered a status quo on the demolition.
Nevertheless, the High Court ordered the BMC to demolish the illegal structure within two weeks. It also instructed the BMC Commissioner to take disciplinary action against the officials who allowed the illegal construction and failed to act in time.
news