‘Kuch toh hoga’: Bombay High Court resolves to act against illegal constructions  

by The Technical Blogs


The Bombay High Court has asked the Maharashtra government to spell out if it has any solution to the unauthorised constructions in Navi Mumbai, and emphasised that the time had come to change the attitude that nothing will happen to illegal structures.

The bench of Justices Gautam Patel and Kamal Khata, while underlining that the courts were a part of the problem as people approach civil courts and get a stay against any coercive action, said, “This needs to stop. We believe we must act without any further delay. I want to send out a message that we won’t let it happen on our watch. We will not permit this on our watch. Much of such things have happened because of the courts.”

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“We have to ask ourselves some hard questions. Every time it is said, people come to court and take a stay. I am now addressing the subtext. Look at this case. It is so utterly gross,” the bench added.

“23 occupants have been persuaded to take the flat saying ‘kuch nahi hoga’ (nothing will happen). Now we will change it…’kuch toh hoga’ (something will happen),” the bench further said.

The bench had last month taken up the issue of an unauthorised four-storeyed residential building in Navi Mumbai. Out of the 29 flats in the building, 23 are occupied, five are locked, while one is vacant.

While hearing the plea, which has now been converted into a suo motu petition, the bench on Monday said that the gravity of the situation is such that the building has both electricity and water supply, all procured illegally.

Referring to the 2019 demolition of five apartment complexes at Maradu in Kerala for alleged CRZ violation, the court said, “The Supreme Court could do it with so many claimants. If it is illegal, it is illegal and it has to go.”

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The court said it wants the Maharashtra government to inform if it has any sort of solution to such unauthorised development. “We cannot contemplate a situation where the government is powerless to stop such rampant unauthorised structures,” the court said.

“An entire structure, which is illegal from top to bottom, needs to be dealt with as a class of its own. We are not talking about some illegal construction inside an already existing building and regularisation of the same. We are talking about the entire building being illegal,” the bench said.

The bench directed the court receiver to take possession of the land and the four-storeyed building and issued a notice to the developer and the 23 occupants of the building. It also said none of the owners shall sell or create third party rights to their flats.

The government will have to reply to the court on October 4.

Published On:

Sep 11, 2023


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