Bombay High Court
The Gulab Pushpa Co-Operative Housing ... vs The Municipal Corporation Of Greater ... on 4 October, 2018
Author: G.S.Kulkarni
Bench: G.S.Kulkarni
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.2474 OF 2018
The Gulab Pushpa Co-op. Hsg.Soc.Ltd. ...Petitioner
vs
The Municipal Corporation of Gr.Mumbai. ...Respondents
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Mr.K.G.Mhatre with Mr.A.Gonsalves I/b. Mhatre & Associates, for the
Petitioner.
Mr.A.A.Kumbhakoni, Advocate General with Smt.P.H.Kantharia,
Government Pleader with Ms.Deepali Patankar, AGP and
Mr.M.A.Sayed, AGP for the State.
Mr.A.Y.Sakhare, Senior Advocate with Ms.Rupali Adhate, Ms.Sheetal
Mane, for the Respondent-M.C.G.M.
Mr.V.R.Dhond, Senior Advocate, Amicus Curaie present.
Mr.Joglekar, Director I.T. Department, MCGM present.
Mr.Mathukrishnan Sankarnarayanan, Director, Municipal
Administration present.
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CORAM : NARESH H.PATIL ACTING C.J &
G.S.KULKARNI, J.
DATED: 4th October,2018
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P.C.:-
1. We have come across avalanche of cases which pertain to encroachment on the limited land as available in the island city of Mumbai. There are encroachments on public spaces like roads, foot paths, gardens, play grounds. In our daily judicial journey we see that Pvr 2 4wp2474-18.doc the planning authorities like the Mumbai Municipal Corporation, the Mumbai Metropolitan Region Development Authority, the Slum Rehabilitation Authority are struggling hard to overcome the menace of not only encroachments but large number of illegal constructions, being wantonly put up without any fear of law. Resultantly two classes of citizens exist, one who are law abiding and the other who have rampantly flouted law and have survived by indulging into litigation trying to exploit the long drawn legal process. The fate of the city cannot perpetually remain in such ad-hocism.
2. Some such persons either file writ petitions or civil suits by trying to justify encroachment or seeking regularisation of the illegal constructions. In some cases it was a ordeal for us to order demolition of big buildings which came to be illegally constructed. It is not a happy task for us, as well. We wonder how such constructions come up ? Why timely action to prevent such constructions were not taken ? What prevents the municipal officers from taking timely actions ? We are certainly very disturbed with this trend. Such large scale encroachments and illegal construction is not only counter productive to the development of a mega city like Mumbai but is a matter of concern for the city's national and international image as the commercial capital of the country.
3. Over the years such activities have left a deep impact and a Pvr 3 4wp2474-18.doc scar on so many attributes on the government's plan to have an ideal mega city. There is unwarranted pressure on infrastructure namely water supply, electricity, garbage, lack of open spaces and the list can be un-ending. The question is should we as a matter of course and as a routine, using the provisions of the Municipal Laws (Mumbai Municipal Corporation Act 1888 albeit some amendments was brought into force on 14th September,1888) encounter these problems. We are sure that even the authorities are feeling helpless to overcome these serious problems, which are overwhelmingly keeping them occupied rather than to spend time, energy and resources on undertaking productive and qualitative works to establish a modern and impeccable city, meeting international standards, so as to make the citizens proud of such achievements.
4. As we see the only solution is special and tireless efforts, dedication and commitment to the cause at every level of the administration with a deep sense of responsibility, affection for the city and above all absolute patriotism.
5. We are of the opinion that coupled with such efforts it is high time that modern technology is best used at every possible juncture by the authorities. In our order dated 26 th September,2018 passed in one such litigation "M/s.Pioneer India Developers Pvt. Ltd. V.s The Sr.Inspector of Police, Santacruz Police Stn. & Ors."(writ Pvr 4 4wp2474-18.doc petition (l) No. 1270 of 2018) we made the following observations :-
"2. To monitor many such situations, we find that regular monitoring procedure through Assistant Commissioner, Ward Officers, Zonal Officers, Inspectors, may not be sufficient. The State Government and the Municipal Corporation need to contemplate for constituting specially empowered Committee/Body to monitor issues relating to these areas and many other issues which the administration finds fit to be considered.
3. We find it necessary to observe that it is high time that the State Government and Local Body i.e. Municipal Corporation shall use modern technology like satellite imaging and Google mapping system and any other upgraded technology available to govern the civil affairs of the city. This would relieve the innocent flat purchasers/owners/occupants/ordinary citizens from lot of embarrassment and harassment. This would also curb unnecessary litigation in large number.
4. The learned Senior Counsel Mr.Sakahre submits that he would discuss this issue with the Commissioner, Mumbai Municipal Corporation. The learned AGP submits that she would brief the learned Advocate General and forward a copy of this order to the Chief Secretary and the Principal Secretary of the concerned departments. We expect the learned Advocate General to address the Court on the next date on the issues of general importance."
6. In another order dated in 27th September,2018 passed in this petition, we took note of the concept of geo-tagging adopted by the Municipal Corporation of Hyderabad using high resolution satellite imagery and a dissertation on this issue by a foreign author. We note our observations below :-
"5. During the course of hearing, the learned Senior Advocate Mr.Dhond while replying to the issues framed by the Court in the order dated 24 th September 2018 has placed on record certain material which refers to a geo-tagging system adopted by Municipal Corporation, Hyderabad, a research Pvr 5 4wp2474-18.doc article titled 'Automated identification of slums in Hyderabad using high resolution satellite imagery" by a foreign writers.
6. The report contains various chapters which refer to urban world, the growth of slums in cities, methodology to compile data by the civil administration. Chapter IV refers to "automated detection of slum area using multi-temporal satellite imagery. Chapter V deals with "assessment of climate change-induced vulnerability to floods in Hyderabad". The research questions answered made part in Chapter VI.
7. The learned Counsel for the Corporation submits that Mumbai Corporation too has I.T. Department.
8. We expect the head of the I.T. Department to attend the hearing tomorrow at 11.00 a.m. and the officer concerned present in the Court would discuss these issues with the Commissioner today itself."
7. We thus find that the use of technology has become imperative in resolving these issues and the illegal constructions and encroachments need to be taken care by the administration no sooner it commences. The efforts in this direction would be to constitute a body of experts which would include technocrats, experts in civic administration and high level government officials who would monitor such illegal developments/ constructions, encroachments.
8. We may note that these issues have equally troubled the civic administration of the extended suburbs of Mumbai namely at Thane,Navi Mumbai, Kalyan-Dombivali,Ulhasnagar. Such issues must be confronted even by other municipal corporations in the State.
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9. The learned Advocate General has placed on record a Government Resolution dated 6th May,2016 issued by the Urban Development Department, in exercise of power under Section 154 of the Maharashtra Regional and Town Planning Act,1966. The Government Resolution directs all the designated officers of the local bodies, planning authorities to take use of High Resolution Satellite Images/Aerial photographs by remote sensing techniques. These techniques shall be utilized for preparing a detailed base map for utilizing the same while granting permission for construction, sanctioning of plan, granting of completion certificate etc. These techniques can be used for detecting encroachments and illegal constructions. The designated officers are directed to upgrade these maps every six months.
10. The learned Advocate General on instructions submits that the State of Maharashtra has already introduced GIS mapping system in the State to survey properties in the State. This system is introduced in 370 cities of the State. The actual work has commenced in 170 cities of the State of Maharashtra and in some cases survey work is at advance stage. The learned Advocate General further submits that he would take necessary instructions in respect of implementation of this Government Resolution in its letter and spirit.
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11. We have heard the learned Senior Counsel Mr.Dhond for the petitioner and the learned Senior Counsel Mr.Sakhare appearing for the Corporation.
12. On the above conspectus we deem it appropriate to pass the following order:
(I) The Principal Secretary, Urban Development Department shall constitute a committee of experts which will include technocrats in IT technology, satellite mapping, experts in data management, experts in civic administration and high level government official having special know how and expertise in civic issues;
(II) The committee so constituted shall prepare :-
(i) a standard plan/ methodology to undertake automated satellite imaginary/ geo -imaging, automated slum identification aligorithm, encroachments, using remote sensing data, of the municipal areas;
(ii) device an electronic method to monitor the constructions legal or otherwise, encroachments on public spaces like roads etc in each of the wards;
(iii) device a methodology by keeping live monitors so as to keep the officers informed of the illegal constructions and encroachments;
(iv) device an electronic methodology to sound immediate Pvr 8 4wp2474-18.doc alerts of any illegal constructions, encroachments not only to be served on the concerned but to have them in the public domain;
(v) to constitute a cell to have an overall supervision mechanism on such unauthorised activities and attending of the issues, by the concerned officers.
(vi) to form a cell of experts having technical background to physically survey the municipal areas, to implement and/or support the methodology and to make periodic reports.
13. We expect the Principal Secretary, Urban Development Department to constitute a committee as per our directions at the earliest and hold meetings. An urgent meeting with the Commissioner of Mumbai Municipal Corporation be held by the Principal Secretary, Urban Development Department.
14. Mr.Sakhare, learned Senior Counsel for the Corporation submits that the IT department of the Corporation has taken up the issue and has started working on the same point in respect of survey of the property and for property tax a GIS mapping system is already introduced by Mumbai Municipal Corporation.
15. We expect the State and the Corporation to deal with this issue by giving utmost priority. Further progress be intimated to this Court on the next date.
16. Stand over for 19th October,2018 for directions.
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17. Registrar Judicial to communicate this order to the Principal Secretary, Urban Development Department by a fastest mode Digitally signed by of communication.
Prashant
Prashant Vilas Rane
Vilas Date:
Rane 2018.10.05
19:46:46
+0530
Parties to act on the authenticated copy of this order.
(G.S.KULKARNI, J) (ACTING CHIEF JUSTICE)