‘Rule of regulation or muscle energy?’ Bombay HC on plea over unlawful constructions

The court docket was listening to a petition filed by a pair in 2016, searching for a course to CIDCO to demolish the unauthorised constructions erected by one Deepak Patil on their land in Navi Mumbai. As per the plea, the unlawful constructions (outlets) have been constructed on 123 sq. m of land owned by the petitioners.
The court docket directed CIDCO to undertake all essential authorized measures to take away unauthorised constructions made on the petitioners’ land inside a interval of 1 week.
“Because the officers of CIDCO have expressed risk to their life and/or opposition or protest from the sarpanch of Bokadvira gram panchayat, we direct the Navi Mumbai Commissioner of Police to offer ample and enough police safety to the officers,” the bench stated.
The bench took observe of the affidavit submitted by CIDCO in 2022, confirming the constructions have been unauthorised. Regardless of this, within the final decade, no pains have been taken by CIDCO to take authorized motion towards the unlawful constructions, the HC stated.
“CIDCO is established to have deliberate growth within the State. Navi Mumbai can also be established to have a deliberate developed metropolis of the twenty first century,” the court docket famous.
Nonetheless, the motion of the CIDCO officers clearly signifies that they’re bent upon to frustrate the intention of the state to have a deliberate growth, the HC stated.