Bombay High Court asks society to demolish illegal floors
Observing that all illegal structures have to be demolished and only exceptions being of slums which have the chance of being regularised, the Bombay high court on Tuesday directed a society in DN Nagar to demolish additional five floors it built without permission from the Brihanmumbai Municipal Corporation (BMC).
“This is complete lawlessness. As per our earlier order the illegal floors have to be brought down and unless you do it the BMC cannot consider regularising the structure,” a division bench of justices DK Deshmukh and RG Ketkar said, while dismissing the petition filed by the Godavari Pravara Co-operative Housing Society.
“Only zopadpatties (slums) can be an exception, but since you are not a zopadpatti you will have to demolish illegal portion of your building,” the bench ruled. The housing society has redeveloped its plot and has put up a nine-storey structure, although the civic body has sanctioned plans up to four floors only.
On June 28, the society had filed a plea before the BMC commissioner seeking regularisation of upper five floors of its building. It moved the HC after the civic body refused to entertain the plea and threatened to pull down the illegal floors.
Ashutosh Kumbhakoni, senior counsel appearing for the society, pointed out that the plot of the society did not fall within the Coastal Regulatory Zone, and therefore the upper five floors could be regularised. He had sought the court’s intervention only to the extent of directing the BMC to consider the society’s plea for regularisation.
The bench refused to entertain the plea.
Previously, the society had moved the HC challenging a demolition notice issued by the BMC.
The court had, however, rejected the petition observing that the housing society had constructed upper five floors in total defiance of law and without even bothering to submit a building plan.
by Mustafa Plumbefor DNA India
Observing that all illegal structures have to be demolished and only exceptions being of slums which have the chance of being regularised, the Bombay high court on Tuesday directed a society in DN Nagar to demolish additional five floors it built without permission from the Brihanmumbai Municipal Corporation (BMC).
“This is complete lawlessness. As per our earlier order the illegal floors have to be brought down and unless you do it the BMC cannot consider regularising the structure,” a division bench of justices DK Deshmukh and RG Ketkar said, while dismissing the petition filed by the Godavari Pravara Co-operative Housing Society.
“Only zopadpatties (slums) can be an exception, but since you are not a zopadpatti you will have to demolish illegal portion of your building,” the bench ruled. The housing society has redeveloped its plot and has put up a nine-storey structure, although the civic body has sanctioned plans up to four floors only.
On June 28, the society had filed a plea before the BMC commissioner seeking regularisation of upper five floors of its building. It moved the HC after the civic body refused to entertain the plea and threatened to pull down the illegal floors.
Ashutosh Kumbhakoni, senior counsel appearing for the society, pointed out that the plot of the society did not fall within the Coastal Regulatory Zone, and therefore the upper five floors could be regularised. He had sought the court’s intervention only to the extent of directing the BMC to consider the society’s plea for regularisation.
The bench refused to entertain the plea.
Previously, the society had moved the HC challenging a demolition notice issued by the BMC.
The court had, however, rejected the petition observing that the housing society had constructed upper five floors in total defiance of law and without even bothering to submit a building plan.
by Mustafa Plumbefor DNA India
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