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IN THE HIGH COURT OF BOMBAY
A. S. GADKARI, KAMAL KHATA
Everard Co-Operative Housing Society Ltd. – Appellant
Versus
Ajay Mehta Municipal Commissioner Mcgm – Respondent
ORDER :
Kamal Khata, J)
1) Our Court is increasingly inundated with cases where occupants of illegal structures seek to dictate terms, thereby depriving law abiding citizens and taxpayers of their right to an orderly and lawful state.
2) This Petition exposes how the overburdened Courts and their leniency towards Authorities is systematically exploited and manipulated by slumlords, in collusion with the Municipal Corporators in charge of governance, the Brihanmumbai Municipal Corporation (BMC) and the Police.
3) What initially appeared to be a straightforward plea, by five purportedly eligible slum dwellers, Petitioners in Writ Petition (L) No.29125 of 2024, (“the Slum Dwellers Petition”) filed on 26th September 2024, to prevent their displacement by the BMC, has been revealed as an attempt by squatters and land grabbers to prolong their unlawful occupation on the set back area of the Everard Society and a proposed DP road for over 24 years. These five Petitioners are among fifty-two others who have illegally constructed and occupied structures on the road adjacent to the southern wall of Everard Society, which had filed a Petition seeking their removal.
4) The Slum Dwellers Petition wa
The Municipal Corporation's failure to comply with Court orders regarding illegal structures constitutes contempt, necessitating immediate action to uphold the rule of law.
The court held that the Respondents' unauthorized amalgamation of flats violated statutory obligations, leading to contempt findings against them and the BMC for failing to enforce compliance with co....
The court held the Respondents in contempt for violating court orders regarding unauthorized structural changes, emphasizing the BMC's duty to enforce compliance with its directives.
The court emphasized the necessity for municipal authorities to enforce compliance with court orders and statutory obligations, holding individuals accountable for illegal structural alterations.
The court held Respondents guilty of contempt for violating court orders regarding unauthorized construction, emphasizing the BMC's duty to enforce compliance with its regulations.
The court affirmed the necessity of preserving public spaces and the illegality of unauthorized constructions on reserved land, emphasizing strict adherence to zoning regulations.
The court ruled that unlawful encroachers cannot claim rights under slum rehabilitation laws, reinforcing the supremacy of environmental protections and legal accountability.
Municipal authorities must act promptly against unauthorized constructions, as they violate planning laws and undermine public interest.
The court established that unauthorized constructions cannot be regularized and that compliance with municipal regulations is mandatory for legality.
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