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3 PIL Nos.138 of 2012 and 80 of 2013 have been

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 138

of 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.

"55 It is a matter of common knowledge that illegal and unauthorised constructions beyond the sanctioned plans are on rise, may be due to paucity of land in big cities. Such activities are required to be dealt with by firm hands otherwise builders/colonisers would continue to build or construct beyond sanctioned and approved plans and would still go scot-free. Ultimately, it is the flat owners who fall prey to such activities as the ultimate desire of a common man is to have a shelter of his own. Such unlawful constructions are definitely against the public interest and hazardous to safety of occupiers and residents of multistoreyed buildings. To some extent both parties can be said to be equally responsible for this. Still the greater loss would be of those flat owners whose flats are to be demolished as compared to the builder."