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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G. S. KULKARNI, AARTI SATHE
Nihal Ahmed Abdulla – Appellant
Versus
Malegaon Municipal Corporation through its Commissioner – Respondent
| Table of Content |
|---|
| 1. municipal corporation's duty against unauthorized constructions (Para 1 , 2 , 3) |
| 2. proven ownership by petitioners of the disputed plot (Para 4 , 5 , 8) |
| 3. complaints of illegal constructions not acted upon by mmc (Para 10 , 11 , 12) |
| 4. critique of mmc's inaction and prioritization of public works (Para 18 , 20 , 21) |
| 5. court orders to demolish unauthorized constructions with urgency (Para 24 , 25 , 26) |
JUDGMENT
1. This is yet another petition which reflects the apathy and complete dereliction of duty on the part of the Malegaon Municipal Corporation (for short `the MMC’) in not taking action against complaints made to remove illegal/unauthorized constructions which are mostly rampant in cities like Mumbai and its neighbouring district/areas. Although in several decisions of the Supreme Court and this Court deprecating unauthorized and illegal constructions, it is as always that the municipal bodies are still to wake up from the deep slumber.
3. Brief facts of the case are as follows:
5. The Petitioners contend that the development plan for the Malegaon City was sanctioned on 30th June 1970 and implemented on approval by the State Government, with effect from 14th Augus
Municipal authorities must act promptly against unauthorized constructions, as they violate planning laws and undermine public interest.
The duty of municipal officers to take action against illegal and unauthorized structures, and the need for a well-considered approach by the Civil Court in dealing with applications for temporary in....
Municipal officers have a duty to take action against illegal and unauthorized structures, as per the provisions of the law and government directives.
State Governments should think of levying heavy penalties on such builders and therefrom develop a welfare fund which can be utilised for compensating and rehabilitating such innocent or unwary buyer....
Unauthorized constructions violating approved plans must be demolished; regularization is not an absolute right and must consider public interest and safety.
Unauthorized constructions cannot be legitimized by time or inaction; strict enforcement of demolition orders is essential to uphold the rule of law.
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 court established that unauthorized constructions cannot be regularized and that compliance with municipal regulations is mandatory for legality.
The court affirmed the necessity of preserving public spaces and the illegality of unauthorized constructions on reserved land, emphasizing strict adherence to zoning regulations.
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