The Bombay High Court has recently expressed strong disapproval regarding the apparent inaction and double standards exhibited by the state government in addressing the proliferation of illegal structures. The court's observations highlight a concerning dichotomy, where the state appears hesitant to take decisive action against unauthorized constructions, signaling a potentially unacceptable situation.
The court's remarks come amidst increasing concerns about the rise of illegal constructions, particularly in areas like Thane, where large-scale unauthorized buildings have been erected, allegedly with the collusion of municipal officers and even the involvement of organized crime. The High Court has been actively hearing petitions and taking suo moto cognizance of such matters, directing municipal corporations to demolish illegal structures and initiating inquiries into the involvement of civic officials.
Several factors contribute to the court's critical stance. Firstly, the sheer scale of illegal construction, often carried out brazenly without proper permissions or adherence to building regulations, suggests a systemic failure in oversight and enforcement. The court has noted that such large-scale construction is unlikely to occur without the tacit approval or active assistance of government and municipal officers. This alleged nexus between builders and officials erodes public trust and undermines the rule of law.
Secondly, the court has expressed concern about the impact of illegal constructions on innocent citizens. Many unauthorized buildings house residents who have purchased flats or tenements, often unaware of the illegal status of the property. When these structures are eventually demolished, it leaves countless families homeless and financially devastated. The court has acknowledged the plight of these individuals but has also emphasized that purchasers of properties in illegal constructions cannot claim legal rights, especially when they are considered "greedy purchasers" seeking cheaper options without proper verification.
Thirdly, the High Court has taken a strong stance against attempts to regularize illegal constructions. It has rejected petitions seeking regularization, stating that individuals cannot benefit from their illegal activities by seeking to legitimize structures built in violation of the law. The court has reiterated that brazenly unauthorized constructions cannot be allowed to be regularized.
The Supreme Court has also weighed in on the issue, lauding the Bombay High Court's courageous stand against illegal constructions. In a recent case involving 17 illegally built structures in Thane, the Supreme Court refused to interfere with the High Court's demolition order, emphasizing the need to protect cities from encroachment and uphold the rule of law. The Supreme Court also acknowledged the High Court's finding that the underworld was involved in illegal constructions, in collusion with municipal bodies.
The Bombay High Court's firm stance against illegal structures and its criticism of the state's perceived inaction underscores the urgent need for greater accountability and transparency in urban planning and development. The court's observations serve as a wake-up call for the government and municipal authorities to take decisive action against illegal constructions, ensuring that laws are enforced fairly and consistently, and that the interests of law-abiding citizens are protected. The state government must demonstrate a clear commitment to upholding the rule of law and preventing the further proliferation of illegal structures. Failure to do so will not only undermine public trust but also perpetuate a culture of impunity that benefits unscrupulous builders and corrupt officials at the expense of the environment and the safety and well-being of the public.
