Case Note & Summary
This Public Interest Litigation came before the Bombay High Court against the Pimpri Chinchwad Municipal Corporation (PCMC) for its failure to demolish an unauthorized structure. The petitioner, a public-spirited citizen, sought judicial intervention after PCMC turned a blind eye to a blatant violation of building regulations. The unauthorized construction was an RCC structure of about 810 square metres, comprising ground plus two upper floors, located on Survey No.6/8 PWD (CTS No.1691) within PCMC jurisdiction. The structure belonged to the seventh respondent, who is the spouse of the third respondent—a municipal corporator—and the mother of the seventh respondent was the eighth respondent. Despite a notice under Section 53 of the Maharashtra Regional Town Planning Act, 1966 issued as early as 13 May 2008, PCMC took no action for five years. It was only in 2013 that fresh proceedings were initiated. On 19 March 2013, a show cause notice under Section 260(1) of the Bombay Provincial Municipal Corporations Act, 1949 was issued. The seventh respondent replied on 6 April 2013, claiming the property was joint family property and applied for regularization. The regularization application was rejected on 26 April 2013. Another notice followed on 16 May 2013, and on 22 May 2013, the seventh respondent applied for building permission under Section 44 of the MRTP Act. That application too was rejected on 15 July 2013, with a direction to remove the structure. The seventh respondent initially expressed readiness to demolish a portion by letter dated 31 July 2013, but later resiled by a letter dated 28 July 2013. PCMC admitted in its reply that the construction was “wholly unauthorized and illegal,” yet sought to justify inaction by stating that a proposal for regularization of pre-31 March 2012 unauthorized constructions had been sent to the state government. The petitioner contended that PCMC had abdicated its statutory duty. Respondents 3, 7 and 8 attempted to defend the construction. The High Court took a stern view of PCMC’s failure to act despite clear legal provisions. It relied on Supreme Court decisions in Esha Ekta Apartments Co-operative Housing Society Ltd. v. Municipal Corporation of Mumbai and Friends Colony Development Committee v. State of Orissa, which held that unauthorized constructions must be demolished and cannot be regularized. The Court observed that PCMC had “lent a willing hand to tolerate a brazen violation of law.” The Court held that the admitted lack of building permission and the rejection of all applications left no option but immediate demolition. The proposal for regularization was no defence. The High Court allowed the petition, made the rule absolute, and directed PCMC to demolish the unauthorized structure within six weeks. The judgment reinforces the principle that municipal authorities cannot shirk their enforcement duties, especially when political influence is suspected.
Headnote
A) Municipal Law - Duty to Demolish Unauthorized Constructions - Sections 53, 44 Maharashtra Regional Town Planning Act, 1966; Section 260(1) Bombay Provincial Municipal Corporations Act, 1949 - Where a structure is constructed without building permission and the municipal corporation admits it is wholly unauthorized and illegal, the corporation has a statutory duty to demolish it; inaction influenced by the position of a corporator relative is a brazen violation of law; Held, directed to demolish within six weeks. (Paras 2-5) B) Municipal Law - Regularization of Unauthorized Constructions - Supreme Court Precedent - Following Esha Ekta Apartments Co-operative Hsg. Society Ltd. v. Municipal Corporation of Mumbai and Friends Colony Development Committee v. State of Orissa, unauthorized constructions cannot be regularized; a proposal to the state government for regularization does not justify non-enforcement of demolition. (Paras 5)
Issue of Consideration
Whether the Pimpri Chinchwad Municipal Corporation failed in its statutory duty to demolish an unauthorized structure constructed by relatives of a municipal corporator, and what directions should be issued.
Final Decision
Rule made absolute. The High Court directed the Pimpri Chinchwad Municipal Corporation to demolish the unauthorized structure within six weeks, holding that the corporation must act in accordance with law and that regularization is impermissible. The Court condemned the corporation’s inaction as a brazen violation of law, relying on Supreme Court decisions that unauthorized constructions must be demolished.
Law Points
- Unauthorized constructions must be demolished
- regularization impermissible
- municipal corporations must enforce building regulations
- failure to act amounts to brazen violation of law
