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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHREE CHANDRASHEKHAR, CJ., GAUTAM A. ANKHAD
Sandeep Thakur – Appellant
Versus
State of Maharashtra, Through Urban Development Dept. – Respondent
JUDGMENT :
GAUTAM A. ANKHAD, J.
The petitioner is a social activist, who claims that he has filed several Public Interest Litigations in the past. He has approached this Court alleging that numerous buildings within the jurisdiction of the respondent no.2–Navi Mumbai Municipal Corporation (“NMMC”) have been constructed illegally, without adherence to sanctioned plans and planning laws. It is further alleged that several such buildings are already occupied despite the absence of an occupation certificate (“OC”). The petitioner, therefore, seeks multiple reliefs, including initiation of inquiries against the concerned architects, a direction to the respondent no.2 to immediately take steps to vacate buildings that are occupied without a valid OC and demolition of all illegal constructions in the limits of the respondent no.2. Those prayers are extracted herein below:
“(A). That this Honourable Court be pleased to issue a Writ of Mandamus, or a Writ in the nature of Mandamus, or any other appropriate Writ, Order or Direction, directing the Respondent No. 2, NMMC to compile a list of developments which are occupied without obtaining Occupation Certificates and keep the said list up to dat
Public interest litigations must avoid delay and vagueness in claims; authorities should handle illegal construction issues, with the courts exercising restraint in ongoing matters.
Municipal authorities must act promptly against unauthorized constructions, as they violate planning laws and undermine public interest.
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Municipal officers have a duty to take action against illegal and unauthorized structures, as per the provisions of the law and government directives.
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Unauthorized construction without proper permissions violates statutory laws; authorities must enforce demolition orders while compensating affected purchasers.
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....
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