Authorities must act promptly against illegal constructions, and citizens cannot claim rights while ignoring their legal duties.

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 28^th August 2024 and follow-ups, no assistance from the Police Authorities was received by the Petitioner or action taken against the Respondent No.2. The UMC’s response to Petitioner’s RTI Application reveals that the structure constructed is unauthorised. For lack of response from UMC coupled with the acknowledgement that the structure is illegally being constructed, the Petition was filed on 24^th November 2024.

3) Mr. Rao, learned Advocate for the Petitioner draws our attention to the photographs annexed and the letter addressed by the UMC dated 24^th September 2024 which clearly reveals that the construction carried on next to the Petitioner's property is without any permissions. He submits that the Respondent No.2 is politically influential and therefore the State Authorities i.e., the UMC and the police are refusing to take action against the illegal construction. Therefore, this Court must direct the UMC to demolish the same.

4) Mr. Kamble for Respondent No.1-UMC relies on the Affidavit of Alka Satish Pawar, the Assistant Commissioner, Ward Committee No.1 of UMC. He explains the numerous steps taken upon receipt of the complaint from the Petitioner. He stated that the concerned officer had visited the site and thereafter issued a Notice dated 22^nd August 2024 under Section 260 of the Maharashtra Municipal Corporation Act, 1949 (‘MMC Act’) to Respondent No.2. By the said Notice, the Respondent No.2 was called upon to submit documents with regard to the construction within a period of seven days. Since the Respondent No.2 failed to produce the documents, another Notice dated 27^th September 2024 under Section 267 and 478 of the MMC Act was served on Respondent No.2 calling upon him to remove the illegal construction within a period of seven days of the Notice. The Respondent No.2 was put to Notice that the failure on his part to remove the construction, would constrain the UMC to demolish the said construction at their expense. On failure of the Respondent No.2 to remove the unauthorized construction, the UMC had made an application for police protection on 18^th December 2024. By reply of Deputy Commissioner of Police dated 27^th December 2024 they expressed their inability to provide police protection due to the forthcoming new year celebrations on 30^th and 31^st December 2024. Therefore by another Application dated 9^th January 2025, the Deputy Commissioner of Police was requested to grant police protection and was granted to initiate the action of demolition of this illegal construction on 15^th January 2025. When the officers reached site with Police on 15^th January, 2025 the Respondent No.2 informed the Officers of the UMC that he had applied for regularization of the construction and requested that the action of demolishing be stopped. Upon seeking instructions from their building and town planning department th