HC appoints court receiver to inspect illegal building in Ghansoli

The Bombay high court has appointed a court receiver to inspect an illegal building in Ghansoli, Mumbai. The court has also restrained lower courts from acting on any litigation related to the building until further orders.

MUMBAI: The Bombay high court (HC) on Monday appointed a court receiver to inspect a ground-plus-four-storied illegal building in Ghansoli in Navi Mumbai, observing that unauthorised construction buildings cannot be tolerated in municipal corporation areas.

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A court receiver is an officer appointed by the HC to perform the functions of a receiver under the Code of Civil Procedure.

The division bench of justice Gautam Patel and justice Kamal Khata has directed the court receiver to survey and inspect the illegal building – Om Sai Apartments, purportedly constructed without obtaining any permission from the Navi Mumbai Municipal Corporation (NMMC).

The court receiver has also been asked to visit each of the flats – occupied by 29 families – in the building, to get the names of those in occupation and to obtain copies of the documents by which they claim to have acquired rights in those residential tenements, parking spaces, garages, etc.

Apprehending that the occupants might move civil court and obtain interim protection orders; the bench has restrained the lower courts from acting on any such litigation. “Until further orders, no civil court will entertain or proceed with any civil suit in respect of the structure in question or any apartments therein,” the bench said.

The court was hearing a petition filed by Monish Patil, a local resident, seeking the demolition of the illegal building. The bench, however, held that he had no locus standi to file the writ petition and seek demolition of the building with which he was not at all concerned, and therefore dropped his name as petitioner and instead converted the petition into a suo-motu proceeding.

This was prompted by a statement made by advocate Tejas Dande on behalf of NMMC that no permission whatsoever had been obtained for the construction of the building and that the civic body would take necessary action if adequate police protection was provided.

The court has also joined Maharashtra State Electricity Distribution Company Ltd (MSEDCL), as a party respondent to the proceedings to know from the state-run electricity supplier, how electricity connection was provided to the thoroughly unauthorised structures.

The court also sought an explanation from the NMMC as to how on one hand it was saying the building was completely illegal and on the other hand providing water supply to the unauthorised structure. “The two positions cannot be reconciled at this stage,” the bench said.

The court will next hear the matter on September 11.