Cidco: Bombay High Court fumes at Cidco, MIDC and NMMC over illegal constructions | Mumbai News

Mumbai: The Bombay High Court on Wednesday criticized Cidco, MIDC and Navi Mumbai Municipal Corporation (NMMC) for failing to comply with instructions in the November 2018 judgment to take action against illegal constructionsand warned his bosses about contempt proceedings.
Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar, as a “last chance”, directed these planning authorities to take adequate and appropriate steps to comply with the judgment and file affidavits. If dissatisfied with compliance, the HC may issue a notice “requiring the respective officers, including the executive directors of these bodies” to appear in person and show reasons why action under the Contempt of Courts Act should not be taken against them .
HC heard a contempt petition from Rajiv Mishra. His advocate, Chaitanya Nikte, said there was even non-compliance with a July 2015 interim order that ordered each authority to constitute special cells for demolition and a coordination committee of officers in charge of these cells. NMMC advocate Tejesh Dande said the special cell does not exist, MIDC advocate Shyamali Gadre said he will check whether the cell still exists, while Cidco advocate GS Hedge said “we have written to NMMC, we form the cell.”
The judges questioned whether the leaders of the three bodies lacked the resources to form the commission, adding: “This demonstrates a lack of enthusiasm, disinterest and, in this case, dereliction of duty.” When informed that they are headed by IAS officers, the CJ observed: “Three members of the most prestigious service in the country failed to comply with the decision… to create a simple committee for the purpose of coordination between the cells.”
The HC also heard a PIL from lawyer Kishore Shetty. The NMMC statement said its survey from January 2016 to September 2023 in eight districts found 6,565 unauthorized constructions. Under the Maharashtra Regional and Town Planning Act (MRTP), removal notices were issued to 3,214 and stop work notices to 2,863. Around 3,096 unauthorized buildings were partially demolished and 1,044 FIRs were filed.
The judges questioned why criminal proceedings were not initiated. They said that despite the “drastic powers” ​​under the MRTP Act, “10,000 illegal constructions still emerged”. The CJ asked, “How? Who is responsible? What have you done with the upcoming constructions?” He added that there are laws and regulations but citing festivals, no action is taken.
“There is no deterrence. Anyone is free to do anything. You do not act… How did this random development occur? It is because of your (NMMC’s) failure… Tell your commissioner we cannot turn a blind eye” , he said. said the CJ, the HC directed the municipal commissioner to submit his personal statement on the measures to expedite criminal action in the 1,044 FIRs and the progress made in the notices issued.