KALYAN: Hearing a PIL filed by an activist on ongoing illegal construction on government and private lands in Kalyan, the Bombay High Court has directed Kalyan-Dombivli Municipal Corporation (KDMC) to demolish the unauthorised construction in Kalyan especially on Kalyan-Haji Malang road and also directed KDMC commissioner to personally look into it.
The HC has also asked KDMC to initiate disciplinary action against the erring officers who are found negligent in taking action against the unauthorised construction.
HC has observed that KDMC except issuing notices, the matter does not proceed any further and thus, HC direct that in all such matters where show cause notices for illegal occupation or unauthorised construction have been issued, the proceedings thereof shall be expedited and shall be taken to its logical end as soon as possible.
The development has come after activist Sachin Patil and Vinod Tiwari who is fighting against illegal construction in Kalyan region especially on Haji Malang road belt that includes villages like Bhal, Vasar, Nevali and Dwarli had moved into Bombay High Court.
Tiwari while holding press conference in Kalyan on Sunday said, “The unauthorised construction were rampant on Haji Malang road. After the registration of illegal buildings stopped in region in 2018 this was curbed at some extent. The area still has lot of scop for development because these villages area on Kalyan-Haji Malang road had lot of open space.
However rampant illegal construction are still going on in some government lands which has reservation or private lands”. He further said, “If such works continue, it can be very troublesome for the next generation or people who want to buy a house since no garden or any facilities will be there hence when after several complaints KDMC failed to act on our complaint we both in 2021 decided to moved into HC by filing an PIL.
Acting on PIL, the Bombay High Court on Wednesday passed order which on Friday uploaded on their website. In order Chief Justice of HC Devendra Upadhyay and justice Arif Doctor has also said, “It is needless to say that the Corporation is under legal and statutory obligation to ensure that within its territories, no encroachment or illegal occupation comes up on government land or land belongs to the corporation or any reserve land. We acknowledge that actions said to have been taken by the corporation,which are reflected from the affidavit in reply filed by it. However it appears to us that something more needs to be done at the end of the corporation to ensure not only removal of unauthorised construction or illegal occupants, but also to ensure that no such unauthorised construction or illegal occupation is allowed to come up. Such a process will need continuous monitoring of the entire area so that unauthorised constructions can be checked”.
The HC order also states that, “We are also of the opinion that no illegal construction on government lands come up in case of the officials of the corporation are vigilant. Such illegalities keep on happening only because the officers of the corporation are not performing their duties in terms of the Standard Operating Procedure (SOP)”. The HC has directed KDMC commissioner shall ensure that the SOP in matters relating to removal of unauthorised construction and illegal occupation of government land is followed and if any officer is found lacking or erring in discharge of his duties, he will be subjected to suitable action which will include disciplinary action as well.
After HC order now Patil and Tiwari, both hopes that KDMC will act against such ongoing illegal construction or else they will have to move High Court filing contempt petition.
The HC has also asked KDMC to initiate disciplinary action against the erring officers who are found negligent in taking action against the unauthorised construction.
HC has observed that KDMC except issuing notices, the matter does not proceed any further and thus, HC direct that in all such matters where show cause notices for illegal occupation or unauthorised construction have been issued, the proceedings thereof shall be expedited and shall be taken to its logical end as soon as possible.
The development has come after activist Sachin Patil and Vinod Tiwari who is fighting against illegal construction in Kalyan region especially on Haji Malang road belt that includes villages like Bhal, Vasar, Nevali and Dwarli had moved into Bombay High Court.
Tiwari while holding press conference in Kalyan on Sunday said, “The unauthorised construction were rampant on Haji Malang road. After the registration of illegal buildings stopped in region in 2018 this was curbed at some extent. The area still has lot of scop for development because these villages area on Kalyan-Haji Malang road had lot of open space.
However rampant illegal construction are still going on in some government lands which has reservation or private lands”. He further said, “If such works continue, it can be very troublesome for the next generation or people who want to buy a house since no garden or any facilities will be there hence when after several complaints KDMC failed to act on our complaint we both in 2021 decided to moved into HC by filing an PIL.
Acting on PIL, the Bombay High Court on Wednesday passed order which on Friday uploaded on their website. In order Chief Justice of HC Devendra Upadhyay and justice Arif Doctor has also said, “It is needless to say that the Corporation is under legal and statutory obligation to ensure that within its territories, no encroachment or illegal occupation comes up on government land or land belongs to the corporation or any reserve land. We acknowledge that actions said to have been taken by the corporation,which are reflected from the affidavit in reply filed by it. However it appears to us that something more needs to be done at the end of the corporation to ensure not only removal of unauthorised construction or illegal occupants, but also to ensure that no such unauthorised construction or illegal occupation is allowed to come up. Such a process will need continuous monitoring of the entire area so that unauthorised constructions can be checked”.
The HC order also states that, “We are also of the opinion that no illegal construction on government lands come up in case of the officials of the corporation are vigilant. Such illegalities keep on happening only because the officers of the corporation are not performing their duties in terms of the Standard Operating Procedure (SOP)”. The HC has directed KDMC commissioner shall ensure that the SOP in matters relating to removal of unauthorised construction and illegal occupation of government land is followed and if any officer is found lacking or erring in discharge of his duties, he will be subjected to suitable action which will include disciplinary action as well.
After HC order now Patil and Tiwari, both hopes that KDMC will act against such ongoing illegal construction or else they will have to move High Court filing contempt petition.
