HC orders demolition of illegal 5-building complex in Uran, SC grants interim stay

Hindustan Times

2 days ago

Mumbai: Observing that there was 'overwhelming evidence of material suppression, misleading actions, and apparent collusion' between property developers in Uran and officers of the City and Industrial Development Corporation (Cidco), the Bombay high court recently ordered the Navi Mumbai planning authority to demolish an illegally constructed complex of five buildings in the Chanje village in Uran taluka in four weeks. HC orders demolition of illegal 5-building complex in Uran, SC grants interim stay
The village, about 15 minutes away from the Jawaharlal Nehru Port Authority, has had improved connectivity with Mumbai since the inauguration of the Mumbai Trans Harbour Link, otherwise known as Atal Setu, last year.
'We find this to be yet another case where the authorities have been complicit in promoting and tolerating illegal and unauthorised constructions, despite being consistently alerted through written complaints from citizens,' a division bench of justices AS Gadkari and Kamal Khata observed in their June 20 order.
However, the respondents in the case—land owner Vivek Deshmukh and the developer, Vinayak Developers—approached the Supreme Court, which on June 27 granted an interim stay on the high court's order until it hears the case further. 'We make it clear that no eviction operation shall be carried out without the leave of this court,' the apex court said.
The petition was filed in the high court by Uran residents Meenanath Patil and Vijay Jadhav, who contended that the developers had started construction on the plot in 2013 after obtaining a no-objection certificate (NOC) from the Chanje gram panchayat, while being well aware that they could not have built on the land without Cidco's approval.
In December 2013, the petitioners filed three complaints against the allegedly illegal construction before the Chanaje gram panchayat, stating that the construction obstructed access to their homes and a water well. These were followed by complaints to the Uran panchayat samiti and Raigad district collector.
In 2014, Cidco inspected the site of the allegedly illegal construction and issued a notice to the developer for the removal of the unauthorised construction under sections of the Maharashtra Regional and Town Planning (MRTP) Act, 1966. In January 2016, the planning authority also filed an FIR against the developers for the unauthorised construction. The petitioners' lawyer, Abhinandan Vagyani, told the court that Cidco also issued a similar notice to the developer in September 2024.
'By this time, an entire complex of five buildings had already been constructed illegally…' Vagyani said, adding that the notice was a mere formality. 'This is a classic case where the authorities have not just neglected their statutory obligations but have, by their conduct, actively permitted the perpetuation of illegal constructions…,' he told the court.
Cidco's lawyer then drew the court's attention to an affidavit filed by its Controller of Unauthorized Constructions department, which stated that the planning authority had inspected the site in August 2024. 'Cidco officials found residents occupying illegally and unauthorisedly constructed buildings,' the affidavit said. A month later, the residents were issued notices under the MRTP Act, the lawyer said. The court was also informed that the regularisation application filed by the developers was rejected by Cidco on January 27 this year.
The high court, however, said that Cidco had 'not only exhibited a deliberate inaction but has also taken superficial steps, further encouraging illegal constructions.' The judges said, 'By its conduct, Cidco has not only fostered unauthorised structures but has also jeopardised the interest of innocent flat purchasers who, despite investing their hard-earned money, have become victims of these illegal developments'.
The court, however, added, 'These purchasers, who failed to exercise due diligence by conducting proper title searches and obtaining sanctioned plans, cannot be entirely absolved of their imprudence. Their recourse, if any, lies against the developer.'
The court also ordered the authorities, including the Maharashtra government and Cidco, to take action against 'all concerned officers who have permitted the continuance of illegal construction since 2014 and take appropriate action against not only the officers of Cidco but also against the concerned developers…'.
The high court also set aside an order of the civil judge, junior division, Uran, who had ordered a status quo in the case in December 2024.