HC paves the way for demolition of 7 unauthorised buildings near proposed airport in Navi MumbaiUpdated: Sep 01, 2017 16:01 IST
The Bombay high court has paved the way for the demolition of seven ground-plus-three storied unauthorised buildings within the influence zone of the proposed green-field airport being constructed in Navi Mumbai.
“This is not a case where a common man has erected a small structure,” said the division bench of justice Abhay Oka and justice Vibha Kankanwadi, dismissing the petition filed by Manoj Prajapati, proprietor of the firm New Prajapati Builders & Developers, which constructed the unauthorised structures.
“This is a case of a professional builder who has high-handedly proceeded to construct seven buildings consisting of ground plus three floors in a most brazen manner,” said the bench, adding, “Therefore, in writ jurisdiction under Article 226 of the Constitution of India, no relief can be granted to the petitioner.”
Prajapati had approached the high court challenging demolition notice issued by The City and Industrial Development Corporation (Cidco), and seeking protection for the 70,000 square feet construction on the basis of purported construction permission and completion certificate granted by the gram panchayat of Adai village. Besides, he also relied on the non-agricultural permission granted by the collector, Raigad and the no-objection certificate issued by Cidco to the Collector for grant of the non-agricultural permission.
According to the developer, the village panchayat had granted him construction permission and completion certificates. He said he commenced the construction work while his application for non-agricultural permission was pending by paying fine of Rs70,000 to the office of the Collector.
Cidco, however, issued notices calling upon the developer initially to stop the construction work, claiming that the construction was illegal. Relying on the January 2013 notification appointing Cidoc as a special town planning authority for Navi Mumbai Airport Influence Notified Area, the authority issued further notices to the developer saying that the construction was illegal and therefore needs to be demolished.
Taking note of the fact that the village panchayat and the headman of village Adai had taken undue interest in the matter and played a role in granting construction permission and also completion certificates to the developer, the high court has also directed the state government to inquire into their role and take action in accordance with law.