The Bombay High Court on Wednesday refused to approve the Maharashtra government's policy of regularising illegal buildings constructed before December 2015. The policy had benefited around 2.5 lakh illegal buildings in the state and lakhs of occupants.
A division bench of justices Abhay Oka and Prakash Naik observed that the policy was arbitrary not in conformity with Article 14 of the Constitution of India and other laws governing construction activity, the government cannot be granted leave to implement the policy.
A draft of the policy was presented to the court earlier this month during the hearing of a public interest litigation (PIL) challenging illegal constructions in Navi Mumbai on public land. The policy which was approved by the state cabinet was placed before the high court for approval. After going through the said policy and its clauses the bench said the proposed policy was not in consonance with the development control regulations and rules, and the Maharashtra Regional Town Planning Act. "The state cannot be allowed to protect illegal structures in keeping with the provisions of existing laws," the court said.
The proposed policy permitted construction on land reserved for schools, playgrounds, roads, open spaces and even government land and those belonging to public authorities. It also proposed to regularise illegal constructions in industrial, commercial and no-development zones by converting them into residential zones. Besides, it allowed illegal structures to be regularized in residential zones.
The court opined that if such a large number of constructions were regularised, it would put a lot of pressure on the civic amenities like water, electricity supply and drainage etc. The government had without carrying out an impact assessment study comes out with such a policy which was not sustainable. The order was passed while hearing a bunch of petitions highlighting the illegal constructions of building in Navi Mumbai.
The court also remarked that the present policy of regularization was different from the regularisation of illegal buildings carried out in Ulhasnagar area, few years back. The government had then brought in a legislature to regularize the structures.
Government pleader Abhinandan Vagiyani had earlier argued before the court that the draft policy seeking to regularize illegal structures was not irrational. A planning authority scrutinizes proposals for regularization and under existing municipal laws it is open for them to regularize illegal constructions, he said.
Vangyani though informed the court that liberty should be given to the government to come out with a fresh regularization policy which the court allowed. Meanwhile, it extended the stay on demolition of illegal buildings in Digha area of Navi Mumbai till May 30.
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