HC orders demolition of 6-storey illegal building in Kalyan

The KDMC had declared the building unauthorised in August 2019 and planned to demolish it, but the delay prompted the land owner, Baban Kene, to approach court to speed up the process

MUMBAI: The Bombay high court last week directed the Kalyan Dombivli Municipal Corporation (KDMC) to proceed with the planned demolition of an illegal building in Kalyan. The KDMC had declared the building unauthorised in August 2019 and planned to demolish it, but the delay prompted the land owner, Baban Kene, to approach court to speed up the process. Kene also sought a penalty against the developer who built the illegal structure and the civic officials who failed to act against it.

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A division bench of justices GS Kulkarni and Arif Doctor noted that the building, a ground-plus-six-storey structure in Ayare village near Kalyan, had been constructed without any planning permissions. KDMC officials admitted that the construction was illegal, carried out without obtaining any planning permissions, and the building was completed despite issuance of a stop-work notice.

Municipal commissioner Indu Rani Jakhar told the court that the civic body was taking steps to get the illegal building vacated and would then demolish it. The civic body added that the residents of the building had approached the court asking for it to be regularised, a process where a building is certified even though it was built without the necessary approvals. The court, however, noted that it had rejected the residents’ plea for regularisation and had issued a notice to the municipal corporation to proceed with the demolition.

The court reiterated that occupants of illegal buildings do not have any legal rights and their pleas to protect such structures cannot be entertained by the court. The court added that the state government would be going against the law if they pass orders in favour of illegal buildings or their occupants.

The court said, “The state government cannot be called upon to take a position contrary to the provisions of the Maharashtra Regional Town Planning Act, which recognizes only lawful construction being put up by adhering to the established procedure as prescribed by the planning authority.”

Since the occupants of the building have not vacated it despite several notices by the KDMC, the court gave them 15 days to vacate it and directed the civic body to take legal steps if needed, and to then proceed with the demolition.