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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
Aarti Sathe, J.
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.
2. The Petitioners are challenging the inaction on the part of Respondents particularly the MMC in not demolishing unauthorized constructions made on the plots of the Petitioners, which are in fact reserved for the
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....
Point of law: Giving false evidence by filing false affidavit is an evil which must be effectively curbed with a strong hand. Prosecution should be ordered when it is considered expedient in the inte....
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