Bombay HC spares doctor's building from bulldozer, grants time for voluntary demolition
The Bombay High Court says its not in favour of "bulldozer justice" and allowed a Satara-based doctor to voluntarily remove a portion of his residential-cum-hospital building for a road-widening project, instead of permitting the civic body to initiate coercive demolition.
The HC's Kolhapur bench, comprising Justices Milind Jadhav and Nandesh Deshpande, passed the order last month while hearing a petition filed by Dilip Patil challenging notices issued to him by the Satara Municipal Council.
The notices stated that a portion of his building would have to be removed for a proposed 15-metre road-widening project.
The bench noted that the road widening was for the benefit of the public, as it would ease traffic congestion in the area. It added that while it was aware of the petitioner's grievance, this was a case of public welfare and development.
The court also noted that Patil had failed to get relief from a lower court against the notice issued to him by the municipal body for demolition of part of his structure.
"We are not in favour of any bulldozer justice in our court," the HC said.
It added that the planning authority was yet to complete the process of road line and alignment for the proposed widening project.
The court directed Patil to remove the affected structure voluntarily, failing which coercive orders would be passed. It said the opportunity was being granted to the petitioner because the structure was a residential-cum-hospital building.
Patil was ordered to remove the obstructing structure within four weeks on his own volition, until which the Satara Municipal Council shall not take coercive steps to demolish it. The court said the petitioner and the municipal body could enter into private negotiations for compensation.
The term "bulldozer justice" loosely refers to an extrajudicial practice in which authorities use heavy machinery to demolish the homes, shops or properties of individuals accused of crimes or protests, without following established legal procedures.
(With inputs from PTI)
