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Orders State To Create For Flat Alterations And Additions
In a significant ruling addressing the rampant issue of unauthorized flat renovations and building alterations, the of Judicature at Bombay has directed the State of Maharashtra to formulate a comprehensive . A division bench comprising Justice A. S. Gadkari and Justice Kamal Khata emphasized the need for a transparent and accessible system to manage minor construction works, such as balcony enclosures and terrace coverings, which are frequently carried out without formal permission.
Dispute Over Residential Alterations
The matter arose from a filed by Ravindra Kini, a resident of the 'Neel Sidhi Amarante' building in Kalamboli, who challenged made by a fellow resident. The petitioner alleged that the respondent had converted open terraces into enclosed spaces using brick and masonry walls and installed illegal tin sheds, which reportedly compromised the building’s structural stability. Despite years of complaints to the (PMC), the petitioner argued that authorities failed to initiate prompt or effective .
Arguments and Judicial Observations
While the PMC admitted the constructions were unauthorized, the court noted that such violations have become widespread. The respondent, in turn, claimed they were being singled out in a society where many others had performed similar modifications.
The
observed,
"There cannot be two classes of citizens: those who obey the law and those who openly disregard it. Nor can the law be enforced selectively against only those whose violations are reported."
The bench further noted that the complexity and expense of existing permission procedures often deter law-abiding citizens, creating a culture of non-compliance.
Key Observations
The judgment highlighted several critical failures in current regulatory practices:
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"Municipal Corporations cannot turn a blind eye to illegal constructions and act only when compelled to do so by judicial orders."
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"In the absence of clear guidelines and an inexpensive and accessible procedure for obtaining permission, citizens often take the easier course of carrying out alterations without approaching the ."
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"The State must, therefore, consider formulating a clear specifying the nature of alterations that may be carried out within individual flats and buildings without formal permission from the local Authority."
Establishing a Proactive Regulatory Mechanism
To resolve this systemic issue, the Court directed the State to develop guidelines governing terrace covers, grill installations, and other common internal alterations. Furthermore, the Court proposed the creation of an online portal where residents can upload plans and photographs of proposed modifications. This mechanism would allow authorities to determine, via a simplified, expedited process, whether work is permissible, thereby reducing the dependency on complex litigation.
Ruling and Future Compliance
Dismissing parallel that had previously granted the project temporary legal protection via , the Court mandated the immediate demolition of the illegal structures in the current case. The PMC has been tasked with conducting an audit of similar unauthorized works in the society and the broader region. The State government is required to act on the directive to establish these new guidelines, with the Court scheduling further compliance monitoring for . This decision marks a pivotal shift toward uniform enforcement of municipal laws across the state.
