NEWS

Put on notice those behind illegal constructions: Bombay HC


Sept 28, 2022

Taking a tough stand against unauthorised constructions, the Bombay high court on Monday said those responsible for them must “be put on notice”. It gave the direction while hearing a PIL that alleged a floor space index (FSI) scam in Navi Mumbai.

MUMBAI: Taking a tough stand against unauthorised constructions, the Bombay high court on Monday said those responsible for them must “be put on notice”. It gave the direction while hearing a PIL that alleged a floor space index (FSI) scam in Navi Mumbai.

According to the PIL filed by law student Kishor Shetty, more than 10,000 houses have been constructed illegally in Cidco allotted plots in Airoli, Turbhe and Koparkhairane.

The petition said in August 2021, Shetty had applied under the Right to Information Act seeking commencement certificates (CC) of plots in these areas. He received them in September-October the same year. From the CCs, he reportedly learned that ground floor plots allotted by Cidco have an FSI of 1, but few have constructed according to it. “At least 90% of people have undertaken illegal construction by raising 1-2 slabs/floors,” the petition alleged.

Shetty alleged that despite bringing the violations to the notice of the Navi Mumbai municipal corporation (NMMC) authorities, including the civic chief, the illegal constructions had continued unchecked.

The HC bench of Chief Justice Dipankar Datta and Justice Madhav Jamdar said since the concern expressed by Shetty was of “seminal importance”, they allowed him to add the civic chief, the deputy civic chief authorised to bring down illegal constructions and the state urban development department as respondents.

Photographs were annexed to the petition showing the extent of illegal constructions. “We are of the prima facie view that if such photographs are to be believed, the (high) court may have to come down heavily on such large-scale illegal constructions as pointed out by the petitioner. However, no effective order can be passed on this petition unless the persons responsible for such illegal constructions are put on notice generally,” the judges noted. Considering that it may not be possible for Shetty to implead all the persons responsible as respondents, they directed him publish a notice within a fortnight in two daily newspapers—in English and Marathi—having wide circulation in the NMMC area. Shetty will give a gist of the petition and the exact relief sought by him

“It shall be indicated in such notice that any party willing to oppose prayer(s) may intervene in the petition and place his say in the matter,” the high court bench said and posted the hearing for November 17.




Source: realty.economictimes.indiatimes.com


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