Illegal Building: Does the Maharashtra government want to encourage law-related or offenders, ask HC
The bench instructed the BMC to remove Andre’s illegal structure within two weeks.
The HC observed that illegal structures on larger vacant lands often develop into slums, including residential and commercial structures, while smaller plots are converted into commercial establishments.
“What is out of reach is that this case reveals not only a shared belief about all the evil links involved,” the bench said.
The bench said that since 2021, the petition caused by BMC’s “non-communication and Stoic silence” has “caused trouble.”
The High Court added: “We are not only angry at the inaction of the BMC and its officials, but also due to their total lack of courtesy to the citizens concerned.” It expressed concern about this emotional damage of inaction. “People need courage and effort to not only raise these questions against the offenders, but in some cases they can also be antisocial factors, but also continue to follow up with the same questions before logical conclusions.
“Whether the state wants to continue to encourage legal lawyers or offenders is a question the government needs to answer. For the moment, this seems to be the latter,” the bench said.
The bench called on the government to be sensitive to its “completely insensitive” public officials and asserted that their negligence has led to the spread of illegal construction and illegal acts.
“A lax attitude by the state government will only lead to law-abiding citizens to make a reason that those who teach illegal acts to enjoy the benefits of these illegal benefits, from caring for anti-social elements of the law,” the High Court said.
The order was in response to a petition filed by Asif Fazal Khan, who sought court directives to revoke an illegal structure built by Suburban Andheri, an Azam Khan.
According to the petition, the structure is temporarily occupied by antisocial factors that disrupt neighboring residents and engage in commercial activities in the plot.
The petitioner claimed that despite multiple complaints against BMC since 2021, no significant action was taken.
In April 2024, the High Court directed the BMC to inspect the site and take appropriate action.
However, the BMC said it could not be followed due to the election and the Gambatti Festival. It noted that a demolition notice was issued in February, allowing Azam Khan to 15 days to remove the structure. Azam Khan then approached the civil court, which ordered the demolition.
Nevertheless, the High Court ordered the removal of the illegal structure within two weeks. It also directed the BMC Commissioner to take disciplinary action against officials who allow illegal construction and fail to act promptly.
