Bombay HC Slams Illegal Constructions In Thane Green Zone; Orders Demolition, TMC Issues SOP For Crackdown

Mumbai: In the wake of a demolition order by the Bombay High Court, the Thane Municipal Commissioner has issued a Standard Operating Procedure (SOP) directing officers to take strict and sustained action against unauthorised constructions across the city.

Taking serious note of illegal buildings cropping up on green zone land, the court also directed all municipal corporations in the Mumbai Metropolitan Region to implement the long-ignored 2009 Government Resolution (GR) that lays down stringent guidelines for curbing such activity.

The case stems from a petition filed by 74-year-old Subhadra Takle, who alleged that 17 illegal buildings had come up on her 5.5-acre land in a designated Green Zone in Thane. A bench of Justices Girish Kulkarni and Arif Doctor, terming it “a case that would shock the conscience of the Court,” had ordered immediate demolition and a judicial inquiry into the matter.

During the hearing on Thursday, Thane Municipal Corporation’s (TMC) lawyers – senior advocate Ashutosh Kumbhkoni and advocate Mandar Limaye – informed the court that a fresh survey had identified 21 unauthorized buildings, more than the 17 originally alleged. Of these, 13 have already been demolished. Four are fully occupied and four partially so. The TMC assured the court that demolition of the partially occupied buildings would proceed as per law.

The detailed order copy was made available on Saturday.

The court took note of the message sent by the TMC commissioner to all the officers concerned.

In a strong message to civic officials, the note read: “This is one of the most embarrassing and humiliating occasions for any civil servant… We should put all our experience to tackle this situation and salvage our position in front of the Hon’ble High Court and in the eyes of public at large.”

The SOP issued by the commissioner includes provisions for preparing building-wise demolition schedules and recovering the cost of demolition from owners and occupiers. It also sets out a plan for systematic disposal of debris, with provisions to reuse it for municipal works or dispose of it with environmental safeguards.

The High Court noted that a 2009 GR, framed by then Urban Development Secretary Manu Kumar Shrivastav, provided a robust framework to tackle illegal constructions. “ If the same was to be implemented in letter and spirit, it would have not brought the present situation of such large number of uncontrolled unauthorized and illegal construction within municipal jurisdictions of the Municipal Corporations falling in the Mumbai Metropolitan Region,” the court observed, ordering all municipal corporations to enforce the GR henceforth.

The HC also took note of disciplinary action against errant officials. Kumbhkoni had informed that Assistant Municipal Commissioner (AMC) Faruk Shaikh has been suspended, while three other AMCs, three beat mukadams, and one beat inspector have been issued show-cause notices.

Bombay HC Directs TMC To Use Technology For Strict Vigil On Illegal Constructions In Thane

The court suggested that at least 10% of demolition expenses should be recovered from officials who abetted the illegal constructions. The HC has scheduled the matter for hearing on July 10.