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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A. S. Gadkari, Kamal Khata, JJ
Mrs. Neetu Makhija – Appellant
Versus
Ulhasnagar Municipal Corporation, Through, Municipal Commissioner, Ulhasnagar, District Thane. – Respondent
JUDGMENT :
Kamal Khata, J.
1) By this Petition under Article 226 of the Constitution of India, the Petitioner seeks a direction to the Ulhasnagar Municipal Corporation (‘UMC”) to forthwith take action of demolition of the illegal and unauthorized construction carried out by Respondent No.2 on the subject property near the premises of the present Petitioner.
2) The Petitioner is a resident of BK No.214, Room No.1 at Bewas Chowk, Ulhasnagar No.1. The barracks on the subject property were consisting of six rooms out of which some rooms were demolished and new construction is being carried out. The illegal construction has caused heavy water leakage to her property. Despite addressing multiple communications to UMC, no action has been taken against the developer-Respondent No. 2. No permissions are obtained by the Respondent No.2 for construction of the structure. Apparently, Respondent No.2 has also encroached on the adjoining property for construction. The Petitioner is undergoing mental trauma on account of this menace and threats given by Respondent No.2. However, despite complaint lodged against the Respondent No.2 on 28th August 2024 and follow-ups, no assistance from the Police Aut
Authorities must act promptly against illegal constructions, and citizens cannot claim rights while ignoring their legal duties.
Illegal constructions cannot be regularized; authorities must act promptly to enforce building regulations.
Municipal authorities have a duty to enforce laws against unauthorized constructions, and civil court orders do not impede their obligation to act.
Municipal authorities must act promptly against unauthorized constructions, as they violate planning laws and undermine public interest.
Local authorities must comply with statutory responsibilities to address unauthorized constructions, following due process to uphold legal rights.
Point of Law : Prevalent situation either in the limits of the Corporation, Municipality or the Panchayat if noticed, it would demonstrate clear apathy on the part of the Authorities towards the citi....
The main legal point established in the judgment is the requirement of law to remove illegal structures and the court's emphasis on the principles of law on removal/demolition of illegal construction....
Unauthorized construction cannot be defended based on inaction against other similar violations; each case must be treated according to its own merits.
The principle of negative equality does not apply, and action can be taken against unauthorized construction regardless of inaction by the Corporation on other illegal constructions in the society.
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