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Bombay HC slams illegal construction, assures of action
The Hindu
Bombay HC says illegal constructions in Mumbai must stop; asks govt to find solution. Court sends message that such rampant illegal constructions won't be allowed under its watch. HC suo motu took up issue of unauthorised four-storeyed building in Navi Mumbai. Court said 23 occupants were persuaded to take flats saying “kuch nahi hoga”. HC said it wants to send out message that it won't let it happen under its watch & asked govt to inform if it has any solution.
The Bombay High Court on Monday, September 11, 2023, said illegal constructions in the city have been mushrooming for long but time has now come to change the attitude that ‘nothing will happen to such structures’.
The court asked the Maharashtra government to find a solution to such unauthorised development. A Division Bench of Justices Gautam Patel and Kamal Khata said as a court, it wants to now send out a message that such rampant illegal constructions will not be allowed to happen “under its watch”.
The Bench had last month suo motu taken up the issue of an unauthorised four-storeyed residential building in Navi Mumbai. Out of the 29 flats in the building, 23 are occupied, five are locked while one is vacant. The court said 23 occupants had been persuaded to take flats saying “ kuch nahi hoga” (nothing will happen). “Now, we will change it...”, the court said, adding ‘ kuch toh hoga’ (something will happen)”.
While hearing the matter on Monday, the Bench said the gravity of the situation is such that the building has both electricity and water supply that have been procured illegally.
“We have to stop pointing fingers at individuals. Today, individuals are taking advantage. I am constructing what will they do or we will see. Because several have been doing this and they have been getting away with it,” Justice Patel said.
The Bench said several times, the person approaches civil courts and procures a stay against any coercive action proposed by the civic authorities.
“I want to send out a message that we won’t let it happen under our watch. We will not permit this under our watch. Much of such things have happened because of courts,” Justice Patel said.
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“We are judges and therefore, cannot act like Mughals of a bygone era ... the writ courts in the guise of doing justice cannot transcend the barriers of law,” the High Court of Karnataka observed while setting aside an order of a single judge, who in 2016 had extended the lease of a public premises allotted to a physically challenged person to 20 years contrary to 12-year period stipulated in the law.
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The High Court of Karnataka on Monday declined to interfere, at present, in the investigation against a Bharatiya Janata Party worker, who is among the accused persons facing charges of circulating obscene clips, related to “morphed” images and videos clips related to Prajwal Revanna, former Hassan MP, in public domain through pen drives and other modes.