In a setback to the Maharashtra Government, the Bombay High Court on Wednesday rejected outright its plea seeking to implement a policy to regularise illegal structures that have come up across the State prior to December 31, 2015.
Rejecting the State Government’s plea seeking regularisation of illegal structures on the ground that a policy was in violation of Article 14 of the Constitution and also was not in consonance with the provisions of Maharashtra Regional and Town Planning Act (MRTP), 1966, a HC Bench headed by Justice Abhay Oka ruled:
“We cannot allow such a policy...the application of the State Government for regularising illegal constructions is hereby rejected”.
Early this month, the Maharashtra Government had submitted a draft of its policy before the HC Bench, which is hearing a public interest litigation challenging illegal constructions in Navi Mumbai on public land.
The HC Bench comprising Justices Abhay Oka and Prakash Naik also noted the State Government’s policy was illegal and contrary to the law laid down by the Supreme Court, which had said illegal constructions should not be tolerated.
The Bench also observed the proposed Policy was not in conformity with the Development Control Regulations and rules.
The Bench also pulled up the State for coming out with such a policy, saying: “this would not be tolerated.”
“Maharashtra cannot be allowed to protect illegal structures in keeping with the provisions of existing laws...This policy is also violative of a High Court order restraining the Government from extending the cut off date, which is January 1, 1995,” the Judges said.
The petitioners had told the court there were 2.50 lakh illegal structures, excluding the slums, across the State.
The policy formulated by the State Government had among other things, allowed construction on land reserved for schools, playgrounds, roads, open spaces and even Government land and those belonging to public authorities.
The policy had also proposed to regualarise illegal constructions in industrial, commercial and no—development zones by converting them into residential zones. In addition, it had also mooted that illegal structures be regularised in residential areas as well. Reprimanding the State Government for
coming out with such an illegal policy, the HC bench observed that if such a large number of constructions were regularised, people at large would be deprived of civic amenities such as water and electricity supply. “The state is duty—bound to study how provision of civic amenities to the people would be impacted if illegal structures were allowed to be regularised,” the bench said.