HC raps TMC for regularising illegal construction on nullah

The Bombay High Court invalidated Thane Municipal Corporation's order to regularise unauthorized construction on a public drain, emphasizing legality and public interest.

MUMBAI: The Bombay high court on Monday invalidated the Thane Municipal Corporation’s (TMC) order to regularise unauthorised construction by a private developer on a public drain, highlighting issues of legality and public interest.

HC raps TMC for regularising illegal construction on nullah

The court criticised TMC for providing misleading justifications and failing to uphold the law, ultimately striking down the regularisation order dated February 5, 2005. The court ordered the TMC and the developer to pay ₹1 lakh each to the petitioners – members of a nearby cooperative housing society.

The petition emerged in response to the actions of the third respondent, a builder and mall owner, who was accused of constructing a shopping complex and multiplex theatre over a municipal Nallah (drain). This construction not only contravened existing stop-work orders issued by the TMC but also obstructed access for residents of the nearby Tarangan Housing Complex.

Counsel for the petitioners, advocate Anmol Mhatre, argued that the regularisation order was arbitrary and violated the Maharashtra Regional and Town Planning Act (MRTP Act) and the Maharashtra Municipal Corporations Act (MMC Act). He contended that the TMC’s decision was based on a misconception that the construction was necessary for access, asserting that the housing complex had always maintained direct access until the developer’s actions blocked it.

In contrast, advocate Milind Sathe, TMC’s senior counsel, defended the regularisation by arguing that the subject plot was adjacent to a street, justifying the commissioner’s actions as legitimate. However, this was met with scepticism by the court.

Advocate Girish Godbole, representing the third respondent, claimed that the construction of an RCC (reinforced cement concrete) slab over the Nallah was initially permitted and thus did not constitute any illegal activity. He emphasised that the regularisation was in the public interest, suggesting that access issues could lead to chaos for residents.

The court noted that despite acknowledging the construction’s unauthorised nature, the TMC had inexplicably reversed its stance without proper justification. The court emphasised that such actions not only undermined the rule of law but also suggested a failure to act in the public interest.

The court found that the TMC’s attempt to regularise the construction was based on irrelevant and non-existent material, labelling the decision as arbitrary and lacking in substantive consideration. It reiterated that any obstruction to public drains significantly impacts the community, especially in urban areas already prone to flooding.