Ensure No New Illegal Construction Comes Up After Demolition: Bombay HC To KDMC

The Bombay High Court (HC) directed the Kalyan Dombivali Municipal Corporation (KDMC) and the Maharashtra government to make an effort to demolish unauthorised construction and encroachments in the city. It also asked them to ensure that no new illegal construction comes up. To prevent such illegal encroachments, a compound wall must be constructed, said the court.

Moreover, a survey will be conducted to identify such structures and take legal action against them.

The bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Arif Doctor were hearing a PIL by Harishchandra Mhatre.

The judges told the local police station in-charge to provide protection to KDMC staffers, especially during demolition, and directed KDMC and collector to complete the survey within two months and submit reports.

RTI activist Harishchandra Mhatre has filed a PIL in the Bombay HC claiming that developers have constructed several commercial-residential buildings without obtaining necessary permissions under the Maharashtra Municipal Act and the Maharashtra Pradesh Urban Planning Act.

The number of illegal constructions has increased in the Kalyan-Dombivli Municipal Corporation limits in the last few years and a large number of illegal constructions are standing on government and private plots.

On January 3, the court was told that KDMC, in November 2023, in its reply to a RTI query, said there are nearly 1.7 lakh structures. Following HC direction, municipal commissioner Indurani Jakhar and an officer from collector’s office were present in court.

KDMC’s advocate A S Rao submitted an affidavit on steps it will be taking against illegal construction. He said in the last three years, 2,704 structures were issued notices, 1,004 were declared unauthorised and 2,967 were demolished, including those earlier served notices. There are 12,942 encroachments. 

State’s reply said there are 272 unauthorised constructions on collector’s land. Government pleader Priyabhushan Kakade said notices have been issued to them.

The judges said it is KDMC’s duty to ensure the same and “the corporation is vested with adequate authority and power under the law to take preventive steps”.