Government shouldn't remain mute spectator to illegal constructions in Navi Mumbai: HC

Mumbai, Nov 19 (PTI) The mushrooming of illegal constructions in Navi Mumbai is a matter of grave concern and the Maharashtra government should not remain a "passive spectator" as middle-class home buyers are the ultimate victims, the Bombay High Court has said.

A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad in an order on a PIL last week said the number of buildings constructed without requisite permissions or in violation of approved plans pointed to a nexus between officials and developers.

The order -- a copy of which became available on Wednesday -- was passed on a public interest litigation filed by local resident Sandeep Thakur raising concerns over numerous illegal buildings in the township.

Several buildings have been occupied by home-buyers even though the buildings lack Occupation Certificate (OC), the PIL said, seeking inquiries against the developers and demolition of all such illegal constructions.

The HC was informed that the Navi Mumbai Municipal Corporation (NMMC) has compiled a list of 2,100 buildings constructed either without requisite permissions or in violation of approved plans.

"In our view, this reflects a serious and systemic failure, indicative of a nexus between tainted officials and developers. It is indeed a matter of grave concern," the court said.

The Maharashtra government cannot remain a "passive spectator" as the ultimate sufferers of such irregularities are middle-class home buyers, it added.

The court, however, dismissed the PIL, noting that another bench of the HC in March this year had directed the NMMC to conduct a comprehensive study to identify illegal structures, and issue notices to the owners or occupiers before taking further action.

The court clarified that the dismissal of the PIL shall not be construed as condonation of any illegality committed by developers or by civic officials.

"Such persons cannot be permitted to evade liability/accountability for the sufferings of the home buyers," the court said, adding the authorities were at liberty to initiate appropriate proceedings against such developers and erring officials.

Thakur in his plea had referred to a building, `Palm Beach Residency', comprising over 600 flats across six wings which he claimed were occupied without an OC.

The court noted that the corporation granted a provisional OC to the building earlier this year, and said such a certificate would not have been issued if the alleged illegalities had persisted.

"Once a provisional OC is granted, it would be improper for this court to scrutinize the construction with a magnifying glass to ascertain the nature of irregularities. Such matters lie within the exclusive domain of the planning authority," the HC said.

It cannot penalize home buyers for the defaults of developer, it added. PTI SP KRK