The bench referring to the case of Modi bungalow as an illustriation of the way in which authorities did not act
Observing that, "There is complete non-application of mind by all authorities (Raigad District Collectorate), The case of Nirav Modi, to say least is shocking," the Bombay High Court on Monday, directed the Division Commissioner, Konkan Region to inquire into Costal Zone regulation and illegal construction, violations allowed in over 160 bungalows, across the coastal area of Alibagh.
A division bench of Justice Abhay Oka and Justice Riyaz Chagla, while deciding on a public interest litigation filed by social activisit Surendra Dhavale, who has highlighted that many bungalows, owned by high-profile people from city, are in complete violation of environment rules said, "The officers of the state are completely ignorant of the provisions of the Environment Act. If there are large number of illegal constructions in the coastal area, the same will not only violate the law relating to environment, but it will amount to destruction of our ecosystem. Such structure will pollute the environment."
The bench referring to the case of Modi bungalow as an illustriation of the way in which authorities did not act said, "The Divisional commissioner will have to inquire as to how the Raigad District Collector, passed an order dates March 3, 2011 purpotedly setting aside an order of the sub divisional officer, passed in the year 2009, directing demolition of illegal constructions carried out at the Modi bungalow.
Modi who is owning three farm houses in village Kihim, is alleged to have constructed over and above the permissions granted. The bench in its order said "Allowing such illegal construction will violate the fundamental rights of citizens guaranteed under Article 21 of the Constitution of India.
The bench has asked the Divisional Commissioner to submit his report in eight weeks time to the Principal Secretary, Revenue and Forest Department. Pending the same, the action against the illegal construction can continue. The court has now kept the matter for verifying compliance of the directions issued, in November.
Dhavale claims these bungalows, located in villages such as Varsoli, Sasvane, Kolgaon and Dokvade along the coast line, have grossly violated the Maharashtra Coastal Zone Management Authority Rules and the state's land laws. His plea claims that there are around 175 such private residences in Coastal Regulation Zone (CRZ) areas.
- Modi was granted permission to construct only 390 sqmt, while his bungalow spans more than 1,000 sqmt
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