HC tells BMC to deal with illegal structures

The Bombay High Court on Friday asked the BMC to evolve some internal correctional mechanism to deal with such matters expeditiously.

Mumbai: Admonishing Brihanmumbai Municipal Corporation (BMC) for its apathy shown in taking action against illegal structures, the Bombay High Court has asked the civic body to evolve some internal correctional mechanism to deal with such matters expeditiously.

"We may place on record that similar grievances have been made in large number of matters in which the court is required to pass similar orders in at least couple of petitions everyday against the Corporation.

"It will be appropriate that BMC evolves some internal correctional mechanism which would bring quietus to at least some of the complaints one way or the other," observed Justices R D Dhanuka and A M Khanvilkar.

"If such complaint is received by the official who is authorised to take decision thereon, he is excepted to proceed in the matter in accordance with law expeditiously in any case within a reasonable time and not to keep the complaint pending for over two years as has happened in the present case," said the judges while hearing a petition alleging unauthorised construction in suburban Bandra.
"We hope and trust that the Commissioner will examine this aspect of the matter and issue directions and provide a proper mechanism for redressal of such grievances at different level across the Corporation," the judges said in their order delivered recently.

The judges were hearing a petition filed by Mazhar Hussain, a city resident, alleging that despite his complaint to BMC, the civic body had allowed a person to raise additional floors in his house unauthorised.
The petitioner said that his neighbour had a one-storey house in Shirley village at suburban Bandra. Under the guise of carrying out repairs to his house, the person took permission from BMC and reconstructed his house building three storeys. Not just this, he also covered two by-lanes in his residential compound which was totally flouting rules.

As BMC did not act, the matter went to the High Court which directed Deputy Municipal Commissioner to consider grievances of the petitioner about the unauthorised structure and take appropriate decision by January 10.


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