Court directs immediate action against illegal alterations and urges state to formulate clear guidelines to prevent future unauthorized constructions.
In a significant ruling, the Bombay High Court has directed the Panvel Municipal Corporation (PMC) to demolish unauthorized constructions carried out by a resident in the Neel Sidhi Amarante residential complex. The court emphasized the urgent need for uniform enforcement of municipal laws against all unauthorized constructions to maintain the structural integrity of buildings and uphold the rule of law.
The case, titled Ravindra Kini v. Municipal Commissioner, Panvel Municipal Corporation, revolved around illegal alterations made by a resident, Ravindra Kini, in his flat without obtaining necessary permissions. The petitioner, who resides in the same building, sought the court's intervention after repeated complaints to the society management and PMC failed to yield any action.
The division bench, comprising Justices A.S. Gadkari and Kamal Khata, observed that unauthorized constructions have become a persistent issue due to the absence of clear guidelines and regulatory frameworks. The court highlighted the necessity for a transparent, workable, and accessible procedure for obtaining permissions for alterations in residential properties.
In its judgment, the court noted that the PMC had demolished unauthorized tin sheds in 2021, but subsequent actions were stalled due to interim orders from civil courts. The court set aside these interim orders, asserting that such judicial orders should not be misused to promote illegal constructions.
The court also directed the state to develop appropriate legislation, rules, and guidelines governing permissible alterations in residential properties. These guidelines should clearly specify the nature of alterations that can be carried out without formal permission, distinguishing between modifications that do not affect structural stability and those that might compromise safety.
In addition to addressing the specific case, the court ordered the PMC to examine other unauthorized constructions in the society and take appropriate action within six months. This directive aims to ensure that municipal laws are applied uniformly and fairly to all residents.
The court further suggested the establishment of an online portal for residents to report planned alterations, providing transparency and facilitating municipal oversight without creating administrative burdens.
This judgment underscores the judiciary's role in maintaining urban order and the necessity for municipal authorities to act promptly and decisively against unauthorized constructions. The court's directions aim to prevent a culture of impunity and encourage compliance with municipal regulations.
Bottom line:-
Unauthorized constructions and alterations within residential buildings without due permissions are illegal and should be dealt with promptly by Municipal Corporations. Uniformity in the enforcement of municipal laws is essential, and the State must consider formulating clear regulatory frameworks and guidelines for permissible alterations to prevent unauthorized constructions.
Statutory provision(s):
Article 226 of the Constitution of India, Municipal Laws
