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M. S. SONAK, KAMAL KHATA
Natvar T. Patel – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
M.S. SONAK, J.
1. Heard learned counsel for the parties.
2. This Petition shows the extent to which the Commissioner of Thane Municipal Corporation (“TMC”) has gone to help the third Respondent, a builder/developer and a mall owner by way of regularising a patently unauthorised construction put up by the third Respondent on a public Nallah/drain. The Petitioners, who are some of the residents in Tarangan Housing Complex, Thane, constructed by the third Respondent, have challenged the regularisation order dated 05 February 2005 communicated by the Executive Engineer, Sewerage and Drainage Department, TMC, by instituting this Petition.
3. One of the grounds raised in this Petition was that the Executive Engineer of TMC has no power or authority to regularise. However, in the affidavit filed on behalf of TMC, it is stated that the Commissioner of TMC ordered the regularisation and the Executive Engineer has only communicated the decision of the Commissioner of TMC. Accordingly, the grounds for the Executing Engineer’s lack of authority were not seriously pressed before us on behalf of the Petitioners.
4. Mr. Mhatre, the learned counsel for the Petitioners, submitted that the imp
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.
Municipal authorities must act promptly against unauthorized constructions, as they violate planning laws and undermine public interest.
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....
The court established that unauthorized constructions cannot be regularized and that compliance with municipal regulations is mandatory for legality.
Unauthorized constructions cannot be legitimized without proper proof, and courts are mandated to enforce compliance strictly with planning laws.
Statutory provisions governing unauthorized constructions must be adhered to by municipal authorities when issuing orders or taking action against such constructions.
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