Illegal structure regularisation no right says Bombay HC, lifts stay on demolition, ET RealEstate

October 9, 2023

MUMBAI: The Bombay high court has lifted a stay on the demolition of a shop in the compound of a housing society in Jawahar Nagar, Goregaon (west), observing that people think regularisation of an unauthorised structure is a right.

“This has now become a situation where regularisation is almost in the nature of a fundamental right. Every person seems to believe that planning law is irrelevant and that he or she is entitled to put up an entirely unauthorised construction and can then simply seek regularisation as a matter of right,” said Justices Gautam Patel and Kamal Khata in the October 5 order.

The shop’s owner Prakash Aswani had moved the HC to quash BMC’s November 2021 demolition notice. In an interim relief pending hearing, in December 2021, the HC stayed the demolition. In January 2023, Vallabha Krupa CHS told the HC the shop was constructed in the passage towards the building’s entrance. Since their building was in a ruinous condition, BMC demolished it. The society’s advocate Amogh Singh said now redevelopment is on and the shop is obstructing the en- tire redevelopment.

Aswani’s advocate Hrushi Narvekar admitted there were no building permissions for the shop. He said it was constructed prior to BMC’s 1962 datum line and Aswani’s father came into its possession only in June 1995.

The judges said this does not assist Aswani as under municipal law, either a structure is authorised or has to be a‘tolerable’ structure, showing to have existed prior to a specific datum line. “It is pointless to say the shop has been in existence for “many years”, “a long time” etc,to the end of the chapter. These assertions are without consequence in law,” they added.

The judges said that “in every single case of unauthorised constructions, the same defence is trotted out” that there are applications for regularisation or appeals against rejection under Maharashtra Regional Town Planning Act.

  • Published On Oct 9, 2023 at 09:03 AM IST

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