HC asks civic body to clarify stand on rehab of families affected by demolition

The Bombay high court on Thursday gave the Vasai Virar City Municipal Corporation (VVCMC) three weeks to clarify its stand on the rehabilitation of thousands of residents of 41 illegal buildings in Agarwal Nagar in Nalasopara East which are being demolished by the civic body.

Agarwal Nagar demolitions:

HC asks civic body to clarify stand on rehab of families affected by demolition

MUMBAI: The Bombay high court on Thursday gave the Vasai Virar City Municipal Corporation (VVCMC) three weeks to clarify its stand on the rehabilitation of thousands of residents of 41 illegal buildings in Agarwal Nagar in Nalasopara East which are being demolished by the civic body.

A division bench of chief justice Alok Aradhe and justice Bharati Dangre passed the order on a public interest litigation (PIL) filed by advocate Chetan Bhoir, pointing out that the Supreme Court had, while allowing demolition of the illegal buildings, directed the civic authorities to explore the possibility of rehabilitating the affected families.

The PIL seeks a declaration that the action of demolition of the unathorised buildings was unreasonable without rehabilitation of the affected residents in view of the law laid down by the Constitution Bench of the Supreme Court in Olga Tellis case, and an order restraining VVCMC from carrying out further demolitions at Agarwal Nagar till rehabilitation of the affected residents is done.

The action of demolition of the buildings was taken in pursuance of the order passed by a division bench of the court on July 8, 2024, after noticing that the 41 buildings were constructed without obtaining any planning permissions and on lands reserved for a sewage treatment plant and dumping ground and, therefore, were incapable of being regularised. On October 1, 2024, the Supreme Court upheld the high court order.

The petitioner’s lawyer, Vijay Kurle, pointed out that the apex court had specifically granted liberty to the occupants to approach the state government and the VVCMC for a commensurate scheme of rehabilitation. “The feasibility of rehabilitation should be considered independent of the demolition action by the authorities,” the Supreme Court had said in its order.

The high court bench headed by the chief justice agreed with the petitioner’s submissions and directed VVCMC to clarify its stand. “In view of the aforesaid, the respondents are under an obligation to consider the feasibility of rehabilitation of the persons who have been displaced on account of demolition of the buildings,” it said.