HC orders TMC to pull down 8-storey illegal Thane building

The bench also restrained them from proceeding with new construction, after the bench was informed that they were constructing an unathorised building on an adjoining plot, where a plinth had been cast and first and second-floor slabs had come up

MUMBAI: The Bombay high court on Friday directed the Thane Municipal Corporation (TMC) to demolish an eight-storeyed building constructed in Shil village in Thane without any permission from the civic body, that too on private forest land.

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A petition was filed by Subhash Vaskar, seeking action against the illegal constructions being carried out on the designated private forests under provisions of the Maharashtra Private Forests (Acquisition) Act, 1975, and no action was taken by the TMC about the same.

A division bench of justice Gautam Patel and justice Kamal Khata restrained the builders - Narayan Vaskar and Ankush Vaskar, and their contractor from approaching the civil courts to seek a stay on the action by the TMC.

The bench also restrained them from proceeding with new construction, after the bench was informed that they were constructing an unathorised building on an adjoining plot, where a plinth had been cast and first and second-floor slabs had come up.

Subhash in his petition filed through advocate Neeta Karnik, stated that his brother Narayan forcibly dispossessed him from the property and though he had no right, title or interest in the property, constructed an eight-storied building – Anam Palace – on the plot without obtaining any permissions from the TMC.

Acting on the petition, on August 21, the bench issued a notice to the TMC and ordered the civic body to file an affidavit disclosing whether requisite planning permissions were obtained by the builders for constructing the building.

Accordingly, Akshay Gudadhe, assistant commissioner of Town Planning, filed an affidavit disclosing that the structures were ‘totally illegal.’ On February 9, this year, when civic officials visited the 0.26-hectare plot in Bholenath Nagar, Shil, they were told that the construction was being done by Abdul Gani Shaikh, and notices were issued to Vaskar brothers and Shaikh.

“But after February 2023, the TMC did nothing,” the judges said and added that the next site visit of civic officials was on August 9, 2023, and found that there was further construction being put up on the remaining area - without any permission. The civic body then issued fresh notices under section 260 and 267 (of the Maharashtra Municipal Corporation Act, 1949), threatening the demolition of the illegal structures.

The court then said that the TMC would proceed with the demolition of all construction on the survey number in question. “We expect to see the demolition carried out in full by 30th September 2023,” said the bench and clarified that the bench will monitor the situation till the site is cleared of all the illegal structures.

The matter is now posted for further hearing on October 4.