Case Note & Summary
The Petitioners, the State Bank of India Employees (Sahishunta) Co-operative Housing Society Ltd. and another, filed a writ petition seeking directions against Respondent Nos. 2 (State of Maharashtra), 3 (Municipal Corporation of Greater Mumbai), and 5 (MHADA) to perform their statutory duties and remove encroachment and unauthorised constructions carried out by Respondent No.4 (Rokadia Land Welfare Association) on land belonging to Respondent No.1 (State of Maharashtra). The Petitioner No.1 owned a building on CTS No. 183, Borivali (W), Mumbai, adjacent to the subject land CTS No.2460. The Petitioners alleged that Respondent No.4 had encroached upon the open land and constructed a temporary structure using the wall of the Petitioners' building as support, causing nuisance, obstructing light and ventilation, and interfering with drainage and water lines. The Petitioners had complained to Respondent Nos. 1 and 2 and addressed a communication on 26th November 2012 to Respondent No.3. Inspections by the Municipal Corporation and MHADA revealed that the foundation of the unauthorised structure was designed for a multi-storeyed building. The Petitioners also filed an RTI application, and on 15th January 2013, Respondent No.3 confirmed that no permission had been granted for the construction. The court considered the legal issue of whether the authorities had a statutory duty to remove the unauthorised construction. The Petitioners argued that the authorities failed to act despite clear evidence of encroachment. The Respondents, including the State and Municipal Corporation, did not seriously contest the unauthorised nature of the construction. The court held that the structure was clearly unauthorised and directed Respondent Nos. 2, 3, and 5 to remove the encroachment and unauthorised construction within four weeks from the date of the order. The court also directed the Petitioners to provide necessary assistance to the authorities for removal.
Headnote
A) Municipal Law - Unauthorised Construction - Statutory Duty - Maharashtra Regional and Town Planning Act, 1966, Mumbai Municipal Corporation Act, 1888 - The court considered whether the municipal corporation and MHADA were obligated to remove an unauthorised structure erected on state land. The Petitioners, a neighbouring society, complained that the structure caused nuisance and obstructed light and ventilation. The court held that the authorities must act on complaints of unauthorised construction and directed them to remove the encroachment within four weeks. (Paras 1-10) B) Right to Information - Transparency - Right to Information Act, 2005 - The Petitioners used RTI to ascertain whether permission was granted for the construction. The municipal corporation confirmed no permission was given. This facilitated the court's finding that the construction was unauthorised. (Para 3)
Issue of Consideration
Whether the Respondent No.4's structure on the subject land is unauthorised and whether the Respondent Nos. 2, 3 and 5 have a statutory duty to remove the encroachment and unauthorised constructions.
Final Decision
The court directed Respondent Nos. 2, 3 and 5 to remove the encroachment and unauthorised construction carried out by Respondent No.4 on the subject land within four weeks from the date of the order. The Petitioners were directed to provide necessary assistance to the authorities for removal.
Law Points
- Statutory duty of municipal authorities to remove unauthorised constructions
- Right to Information Act
- 2005
- Public interest litigation
- Encroachment on government land
