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Showing contexts for: unauthorized construction in High Court On Its Own Motion ( In The ... vs Bhiwandi Nizampur Municipal ... on 26 February, 2022Matching Fragments
However, where the Government lands are allotted for rehabilitating the protected hutment dwellers with permission to construct ground floor structure and if that hutment dweller, apart from constructing the authorized ground floor structure, undertakes unauthorized construction over and above the ground floor, then the question arises, as to who would initiate action for removing the unauthorized construction. As the ground floor structure on Government land is protected, office of the Additional Collector (ENC/Removal) considers that it is the responsibility of the MCGM to remove the unauthorized additional structure. However, the MCGM considers that since the unauthorized additions are on Government land, office of the Additional Collector (ENC/Removal) is liable to take appropriate action under the Slums Act/ MLRC. It is thus observed that in view of this confusion existing between the two authorities, it would be proper to give appropriate directions so that both the authorities work in tandem.
VI. GOVERNMENT RESOLUTION DATED 2 MARCH 2009 This Government Resolution provides for measures for controlling and/or removing unauthorized construction and encroachments in urban areas of the State. The preamble of this Government Resolution recites that with increasing urbanization, the problems of unauthorized construction and encroachments in cities was becoming serious every passing day. It records that it was experienced, that the measures taken by the Government and the local bodies from time to time were not effective, hence, it was under consideration of the government to frame a comprehensive scheme for controlling and removing unauthorized construction/encroachments in urban areas. Accordingly, to achieve controlling and removing of unauthorized constructions and encroachments, the State Government decided to interalia take the following effective measures :-
(i) To create dedicated and competent machinery for controlling and removal of unauthorized construction/ encroachments in the local bodies. Under this head, it was provided to form an unauthorized constructions/ encroachments control and removal team which would be created at Head Office level and also at every Ward level. The team was to work under the leadership of Assistant Commissioner/ Ward Officer. Also provision for staff and machinery like trucks, dumpers, JCB machines etc. were to be made available to the teams constituted to take action on unauthorized construction/ encroachment control. It also provided for creation of urban police as authorized under Section 21 of the Bombay Police Act,1951, and creation of independent and special police station for urban crimes and machinery to deal with such urban offences.
i) Deputy Collector at the unauthorized Head Office level constructions.
ii) Assistant Commissioner/ Personal liability
Ward Officer at the Ward would be fixed
level on the concerned
officer/ staff for
b. In Nagar parishad areas: not prescribing
Chief Officer Notices, bringing
to notice the
II. Chief Officer and Assistant unauthorized
commissioner/Ward Officer constructions or
shall appoint Beat Inspector taking action
and Beat Mukadam against the said
illegal
a. Beat Inspector and Beat constructions.
Mukadam would be
patrolling in regions where
urban offenses are likely to
be committed.
b. Beat Inspector to conduct
enquiries and bring
unauthorized constructions
to the notice of the Chief
Officer/ Ward Officer.
III. An officer would be
appointed to verify incidents
and submit his reports to
the concerned Ward Officer/
Chief Officer
IV. The Additional Deputy
Commissioner (head
Officer) (Unauthorized
construction Department)
would supervise the daily
reports of encroachments
and and unauthorized
construction.
V. The daily note of action
should be submitted to the
Commissioner.
VI. Creation of Unauthorized
constructions/
encroachments control and
removal team at the Head
Office Level and Ward level
VII. Creation of an 'Urban Police'
to take cognizance of the
offenses under the MMC Act
or MRTP Act
VIII. On a resolution
received by the concerned
Municipal Corporation,
a. Independent and Special
Police station for registering
and dealing with offenses of
unauthorized construction/
encroachment
b. Special Courts to deal with
the offenses under the MMC
Act as well as the MRTP Act
Government Circular Encroachments on Following officers wereIf the concerned
dated 7 September government land: Regarding entrusted with the responsibilityofficers passed
2010 prevention, removal and of filing complaints with the over their duties,
filing complaint police: the Superior
Concerned Talathi/Circle
should fix
officer: for Government land responsibility
and take action
Local Forest officer: for forest against the
land concerned
officers.
Concerned Gram Sevak and
Chief Officer of the Nagar
Palika: for Gairan and public
lands
Local officer: for other areas
Government Certifying that the --