HC slams Malegaon civic body for apathy over illegal constructions

Municipal bodies are still to wake up from their deep slumber. We wonder what can be of more priority to MMC than removal of these unauthorised constructions, the court said

MUMBAI: The Bombay High Court on Tuesday pulled up the Malegaon Municipal Corporation (MMC) for its inaction against an illegal construction in the city stating that they had ‘many more important works of public nature.’

Bombay High Court (Anshuman Poyrekar/HT PHOTO)

A division bench of justices G.S. Kulkarni and Aarti Sathe was hearing a petition filed by Nihal Ahmed Abdulla, 64, and nine of his family members, claiming that the MMC failed to take action against the illegal construction on a land parcel that their father had purchased in 1986. After the purchase, the plot was also granted Non-Agricultural (NA) permission under the 1986 development plan, the petitioners claimed.

In 2005, the petitioners sought permission from the civic body to construct a building on the plot, but the proposal was rejected, stating the plot was reserved for the construction of a police station and staff quarters. When no steps were taken for several years to acquire the land, the petitioners argued that the reservation had lapsed.

The petitioners also claimed that several individuals, in collusion with civic authorities, had encroached upon the land and constructed illegal structures. Between June and September 2021, they lodged multiple complaints with MMC, but no action followed, prompting the petitioners to approach the high court.

The petitioners told the court that in an affidavit, MMC commissioner Ravindra Seshrao Jadhav admitted the structures were illegal but termed the matter a ‘private dispute’ between the landowners and the encroachers. Jadhav stated that demolition would be carried out ‘within a reasonable time,’ subject to the availability of manpower and police protection, adding that the corporation had ‘many more important works of public nature.’

During the hearing on Tuesday, the court expressed displeasure over this stance, remarking that it was ‘surprising’ that the civic body found no urgency in tackling illegal constructions. “The MMC cannot shirk its responsibility by claiming other issues are of greater importance,” the bench said.

“Municipal bodies are still to wake up from their deep slumber. We wonder what can be of more priority to MMC than removal of these unauthorised constructions,” the bench said, directing the corporation to demolish the illegal structures within 30 days, and seek police protection if required.