IMPORTANT POINT
The Municipal Corporation's failure to comply with Court orders regarding illegal structures constitutes contempt, necessitating immediate action to uphold the rule of law.

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 was tagged along with the contempt Petition on the plea that resolving the Petition would eliminate the basis for contempt proceedings.

5) However, Ms. Doshi for the Petitioners Everard Society argued that the Contempt Petition if heard first would decide whether the slum dwellers deserve any relief. Ms. Doshi submitted that, they had filed a Contempt Petition concerning an Order dated 29th March 2000 in their Petition No. 1484 of 2000 which directed maintenance of status quo with regard to construction of toilet. This Order, finds mention in paragraph No.5 of the Order dated 18th June 2015 which outlines the pertinent facts and directions, forms the foundation for the matters currently before this Court.

6) For ready reference, of the facts and direction of the entire Order dated 18th June 2015 is reproduced hereinbelow:

“. Called out for hearing. We have heard learned counsel appearing for the Petitioner and the learned counsel representing the first Respondent. The Additional Government Pleader appears for the 3rd Respondent. None appears for the second Respondent.

2. The grievance made by the Petitioner, which is a registered Cooperative Housing Society, by filing this Petition under Article 226 of the Constitution of India is as regards to the construction of illegal hutments on 60 feet wide road abutting the compound wall of the Petitioner on the southern side. The second grievance is regarding construction of a toilet block on the said road abutting the compound wall of the Petitioner.

3. In paragraph 1 of the Petition, the Petitioner has averred that at the time of construction of the first phase of the Society buildings, the Petitioner was required to surrender an area having width of 30 feet along with its compound wall facing southern side of its property for construction of a 60 feet wide proposed Development Plan Road. The contention raised in Paragraph 3 of the Petition is that after surrender of the said area, the Authorities of the first Respondent insisted that the Petitioner Society should do the work of asphalting of 30 feet wide strip forming part of 60 feet wide Development Plan Road. Reliance is placed on the sanctioned Development Plan dated 19th May 1968 as well as the letter dated 16th October 1986 issued by the first Respondent Municipal Corporation. Reliance is also placed on the Condition No.4 in the said letter dated 16th October 1986 which reads thus:

“4. You are requested to submit the final completion certificate from Executive Engineer (Road Construction) Eastern Suburbs, Executive Engineer Storm Water Drains (Eastern Suburbs) and Executive Engineer (Terms and Conditions) for carrying out the work of roads, storm water drains and street lights as per Municipal Corporation of Greater Bombay’s specification for 30’ wide D.P. Ro