MUMBAI: The Bombay high court on Wednesday lambasted Cidco, MIDC and Navi Mumbai Municipal Corporation (NMMC) for failing to comply with directions in Nov 2018 judgment to take action against illegal constructions, and warned its chiefs of contempt proceedings.
Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar, as “last chance”, directed these planning authorities to take adequate and appropriate steps to comply with the judgment and file affidavits. If dissatisfied with compliance, HC may issue notice “requiring the respective officers, including chief executive officers, of these bodies” to appear in person and show cause why action under Contempt of Courts Act should not be taken against them.
HC heard a contempt petition by Rajiv Mishra. His advocate Chaitanya Nikte said there was non-compliance of even a July 2015 interim order directed each authority to constitute special cells for demolition and a coordination committee of officers in-charge of these cells. NMMC’s advocate Tejesh Dande said the special cell is not in place, MIDC’s advocate Shyamali Gadre said she will check if the cell still exists, while Cidco’s advocate G S Hedge said “we wrote to NMMC, we formed the cell.”
The judges questioned if the heads of the three bodies lacked resources to form the committee, adding: “This shows lack of spirit, lack of interest and, in this case, dereliction of duty.” When told they are headed by IAS officers, the CJ remarked, “Three members of the most prestigious service in the country have failed to comply with the judgment …to set up a simple committee for the purpose of coordination between the cells.”
The HC also heard a PIL by advocate Kishore Shetty. NMMC’s affidavit said that its survey from Jan 2016 to Sep 2023 in eight wards found 6,565 unauthorised constructions. Under the Maharashtra Regional and Town Planning (MRTP) Act, notices for removal were issued to 3,214 and stop-work to 2,863. Some 3,096 unauthorised constructions were partially demolished and 1,044 FIRs filed.
The judges questioned why criminal action was not initiated. They said despite “drastic powers” under the MRTP Act, “still 10,000 illegal constructions have come up”. The CJ asked: “How? Who is responsible? What have you been doing with constructions comi-ng up? He added there are laws and regulations, but citing festivals, no action is taken.
“There is no deterrence. Anybody is free to do anything. You don’t act…How has such haphazard development taken place? It is because of your [NMMC’s] failure …Tell your commissioner we can’t shut our eyes,” the CJ said. HC directed the municipal commissioner to file his personal affidavit on steps to expedite criminal action in the 1,044 FIRs and progress made in the notices issued.
