Policy being framed to protect illegal buildings in Navi Mumbai: Govt to HC

  • HT Correspondent, Hindustan Times, Mumbai
  • Updated: Oct 12, 2015 21:29 IST
A bulldozer pulls down an illegal building in Digha last week. (Bachchan Kumar)

The state government wants to regularise all illegal constructions in Navi Mumbai, and has said it will be framing a policy on this soon. Advocate general Anil Singh, on Monday, informed the Bombay high court (HC) that the state government would be coming out with a policy to regularise unauthorised constructions in the satellite city.

“We are coming out with a policy to regularise unauthorised structures in Navi Mumbai,” Singh said in response to a petition filed by residents of Pandurang Apartment at Digha, Navi Mumbai. He indirectly sought a stay on the implementation of the earlier orders issued by the court to demolish all illegal structures in Navi Mumbai.

The Bombay high court has, however, said that while the government was free to adopt a policy to regularise all unauthorised constructions in Navi Mumbai, any such policy could not be given effect to without prior permission of the court.

In view of this observation, Singh stated that the state government would not give effect to any policy, even if adopted, without the approval of the high court.

Acting on two public interest litigations, the court had on July 30, 2015, ordered City and Industrial Development Corporation (Cidco), Navi Mumbai Municipal Corporation (NMMC) and the Maharashtra Industrial Development Corporation (MIDC) to form special squads to identify illegal constructions in their respective areas in Navi Mumbai. The development authorities were asked to issue notices to the occupiers first and then demolish the unauthorised structures. The bench also directed Cidco, NMMC and MIDC to complete the survey of all illegal constructions within six months.

In the same order, the court had also stopped the government from extending protection to illegal constructions in Navi Mumbai, as has been done in Ulhasnagar and Pimpri Chinchwad.

The PILs are filed by residents Rajiv Mishra and advocate Mayura Maru raising concerns over illegal constructions in Navi Mumbai. While Mishra highlighted the rise in the number of unauthorised constructions in Digha, Maru directed the court’s attention towards FSI (floor space index) violations. Maru’s PIL stated that, in 2010, NMMC’s town planning department had surveyed 22 towers on Palm Beach Road and found that FSI rules were violated.

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