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Showing contexts for: illegal constructions in Rajiv Mohan Mishra vs City And Industrial Development ... on 2 November, 2018Matching Fragments
filed for inviting attention of the Court to the large scale illegal constructions which have come up during the last few years in the city of Navi Mumbai(New Bombay).
4 The orders passed in PIL Nos.80 of 2013 and 138of 2012 and the affidavits on record will show that there are large scale illegal constructions have come up in Navi Mumbai. The illegal constructions are not only of smaller structures or huts but of large multi storied residential buildings. The citizens have been persuaded to purchase flats/premises in the said illegal buildings. As can be seen from some of the orders passed in PIL Nos.80 of 2013 and 138 of 2012, in large number of cases, the persons have acquired flats with the full knowledge that the entire building is illegal. Most of the illegal constructions have come up on the lands which were compulsorily acquired by the State Government either for setting up city of Navi Mumbai or for industrial estate of MIDC by paying large amount by way of compensation. Not only that large amount by way of compensation has been paid to those whose lands were acquired for Navi Mumbai Project, but they were allotted developed plots having an area equivalent to 12.5% of the area of the acquired lands. The plots have been allotted at concessional rates. The land mafia has got into action in the city of Navi Mumbai which was once advertised as a "dream city" and has successfully carried out hundreds of illegal constructions.
6 These two PILs have been filed to bring to the notice of this Court, the failure of the three Planning Authorities to prevent large scale illegal constructions and their failure to perform its statutory duty to remove the illegal constructions. Under the interim orders passed in the aforesaid two petitions, a grievance redress mechanism has been set up which enables the citizens to lodge complaints about the illegal constructions. The three Planning Authorities are expected to take a prompt action against the illegal constructions both by way of prevention and demolition. The affidavits filed on record will show that some of illegal constructions have been demolished on the basis of the interim orders passed by this Court.
who is an Advocate by profession. The subject matter of the said PIL is wider. The subject matter is the issue of builders consuming FSI beyond permissible limits by carrying out illegal constructions in Navi Mumbai. There are prayers made for carrying out survey of illegal constructions and enjoining the CIDCO and the said Municipal Corporation to initiate action against the illegal constructions.
48 We have already quoted the provisions of section 52 to 56 of the MRTP Act which confer/vest powers on the Planning Authorities to remove illegal constructions/unauthorised developments.
49 Apart from these provisions of the MRTP Act, as far as illegal constructions are concerned, the field is occupied by the Municipal laws such as the Mumbai Municipal Corporation Act,1888 (for short `the said Act of 1888'), the Maharashtra Municipal Corporations Act,1949 (for short `the said Act of 1949') and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (for short `the said Act of 1965'). The Municipal Corporations and Councils established under the said laws are the Planning Authorities within the meaning of the MRTP Act. The Municipal laws confer power on the Municipalities to take action of demolition of illegal constructions.