With the exception of slums, no protection can be granted to illegal buildings, observed the Bombay high court (HC) on Tuesday, while dismissing the petition of a co-operative housing society in Andheri (West), seeking regularisation of the five top-floors of a recently constructed building. “Since you are not a zopadpatti (slum) you will have to demolish the illegal portion of your building,” the division bench of justice DK Deshmukh and justice RG Ketkar said. The petition had been filed by Godavari Pravara Co-operative Housing Society.
The housing society has redeveloped its plot and has built a nine-storey structure, although the Brihanmumbai Municipal Corporation (BMC) had sanctioned construction of up to four floors only.
On June 28, the society had filed a plea before the BMC commissioner, seeking the regularisation of the additional five floors. It moved the HC after the civic body refused to entertain the plea, and instead threatened to pull down the illegal floors.
Counsel for the society, Ashutosh Kumbhakoni, pointed out that the plot of the society did not fall within the Coastal Regulatory Zone, and therefore the five upper floors should be regularised.
He had sought the court’s intervention only to the extent of directing the BMC to consider the society’s plea for regularisation.
The judge, however, refused to consider the contentions pointing out that the earlier court order made it abundantly clear that the five floors could not be regularised.
Earlier, the society had moved the HC, challenging a demolition notice issued by the BMC.
The court had, however, rejected the petition just a fortnight ago, observing that the housing society had constructed the additional floors in total defiance of law and without even bothering to submit a building plan.