Maharashtra to set up judicial probe into BMC inaction against illegal structures

Lawmakers from the Shiv Sena (UBT) and the Bharatiya Janata Party (BJP) slammed the civic body for not taking action against its officers

Mumbai: The Maharashtra government on Tuesday announced that a committee headed by a retired judge will investigate why the Brihanmumbai Municipal Corporation (BMC) hasn’t taken any action against its officers for allowing illegal structures to bloom in Mumbai, after the matter was raised by several members of the state legislative council across parties.

Mumbai…22nd November 2011…News… Bombay Municipal corporation headquarters in Mumbai…HT photo by Hemant Padalkar (Hindustan Times)

Lawmakers from the Shiv Sena (UBT) and the Bharatiya Janata Party (BJP) slammed the civic body for not taking action against its officers despite receiving thousands of complaints regarding illegal structures. Madhuri Misal, the minister of state for urban development, admitted that no action had been taken against designated officers in each BMC ward for failing to curb illegal structures in the city.

To be sure, the BMC has been run by administrators rather than elected representatives since March 2022 as a result of delayed civic polls due to a legal dispute over Other Backward Classes (OBC) reservation. The BMC’s administrator-cum-commissioner is accountable to the state government controlled by the BJP-led Mahayuti alliance. Prior to March 2022, the undivided Shiv Sena controlled the BMC for 25 years.

On Tuesday, the matter of illegal structures mushrooming in Mumbai was first raised by Shiv Sena (UBT) MLC Sachin Ahir, who alleged there was a nexus between BMC officers and the owners of the illegal structures.

“We had an amendment in the Maharashtra Regional and Town Planning Act for tackling illegal structures in 2014. But instead of taking advantage, it is not implemented. There are 16,000 complaints of illegal structures made so far and owners of 8,000 structures had approached the courts. Action has been taken against 2,500 structures.”

He added, “When an illegal structure comes, local politicians and police are blamed. There is a nexus in the BMC. The designated officer and assistant engineer first issue a notice. Small structures are demolished. Big ones are protected and people are encouraged to move courts.” He also alleged that higher bribes were paid for the posting of a designated officer than a deputy municipal commissioner.

Ahir particularly targeted the BMC’s P North Ward (Malad-Malvani), sarcastically saying that its staff should get an award for the large number of illegal structures in the area. “Not a single officer has been penalised and the government has to intervene. One can check Google Maps live view and see how illegal structures are created,” said Ahir, before demanding a special investigation team to be set up to probe the matter.

Ahir’s party colleague Anil Parab then alleged that 150 acres of land has been used for unauthorised constructions by illegally reclaiming land in the Madh-Malad area. “We all know how BMC and its legal department works to save illegal structures. We also know many things are beyond your control, but don’t save the officers. The legal department of the BMC has a ‘setting’ with those making illegal constructions. If even four of the [guilty] officers are booked, the rest will fall in line.”

BJP MLC Pravin Darekar supported the opposition MLCs’ stand, demanding a list of officers against whom action has been taken. “There is a rule that the assistant commissioner of BMC and the local senior inspector should be held responsible for illegal construction. No one has been held responsible till now. I want a list of officers against whom action is taken.”

In response, Misal admitted that no action has been taken so far against BMC officers for illegal structures. “There is a law for tackling illegal structures. We can hold the designated officer responsible, but there is no implementaton of this law. We have taken the issue seriously. There are loopholes and we have suggested action as people approach courts and take stays.” She added that there was no stay order in 3,956 cases regarding illegal structures, which can be demolished.

Shiv Sena (UBT) MLC Sunil Shinde then demanded a judicial inquiry into the matter, saying he didn’t trust the BMC. Eventually, Maharashtra’s industries minister, Uday Samant, announced that a probe will be conducted by a committee led by a retired judge. The inquiry will be conducted in a time bound manner and officers blamed by the committee will face action, he added.