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M. S. SONAK, KAMAL KHATA
Rafique Rahemtullah Kabani – Appellant
Versus
Assistant Engineer & Designated Officer – Respondent
JUDGMENT :
M.S. Sonak, J.
1. Heard Mr Bhushan Joshi, learned counsel for the Petitioner, Mr Rajshekhar Govilkar learned Senior Advocate with Ms Sujata Puri and Ms Shaba Khan, instructed by Mr S.K. Sonawane, learned counsel for BMC (1st and 2nd Respondents) and Mr Mandar Soman with Mr Divakar Rai for the 5th Respondent. The 3rd and 4th Respondents, though duly served, were absent.
2. Rule. The Rule is made returnable immediately at the request of and with the consent of the learned counsel for the parties.
3. The Petitioner challenges notice No.CE/4362/BSII/AH dated 12th June 2018 under Section 53 of the Maharashtra Regional and Town Planning Act, 1966 (“MRTP Act”) by the Brihanmumbai Municipal Corporation (“BMC”) for the removal of the structure viz. (i) work carried out beyond the approved plan, i.e. 4th floor to 8th floor, (ii) work carried out beyond the approved plan i.e. 2nd floor to 8th floor Phase 1.
4. The Petitioner, in the alternate, prays that the direction be issued to the BMC not to implement its above notices under Section 53 of the MRTP Act until the competent authority decides on the 5th Respondent’s application for regularisation in respect of the structures forming the
The court established that unauthorized constructions cannot be regularized and that compliance with municipal regulations is mandatory for legality.
The court established that unauthorized constructions in eco-sensitive areas cannot be regularized post facto, and the right to seek regularization is not available to those who violate planning laws....
Municipal authorities must act promptly against unauthorized constructions, as they violate planning laws and undermine public interest.
Unauthorized constructions cannot be legitimized by time or inaction; strict enforcement of demolition orders is essential to uphold the rule of law.
Point of law: Giving false evidence by filing false affidavit is an evil which must be effectively curbed with a strong hand. Prosecution should be ordered when it is considered expedient in the inte....
Unauthorized constructions violating approved plans must be demolished; regularization is not an absolute right and must consider public interest and safety.
The court ruled that the regularisation of unauthorised construction obstructing a public drain was arbitrary and ultra vires, emphasizing the need for adherence to planning laws and public interest.
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