Bombay High Court directs NMMC to conduct survey of illegal structures in Navi Mumbai within four months | File Photo
Mumbai: The Bombay High Court has directed the Navi Mumbai Municipal Corporation (NMMC) to conduct a “thorough survey” to determine the number of illegal or irregular constructions within its jurisdiction and take necessary action.
A division bench of Chief Justice Alok Aradhe and Justice MS Karnik has instructed the civic body to complete the survey within four months. Once illegal or irregular structures are identified, NMMC must issue notices to the concerned owners or occupants and provide them an opportunity to be heard before initiating further action.
The court was hearing a public interest litigation (PIL) filed by Kishor Shetty, raising concerns about the prevalence of illegal constructions in Navi Mumbai and seeking strict action against such structures. Additionally, the bench was addressing a contempt petition filed by Rajeev Mishra, highlighting the authorities’ failure to comply with a 2018 judgment mandating action against illegal structures.
Emphasising the need for enforcement, the court stated: “If there is illegal construction, then you have to take action. If he provides particulars of illegal construction, you must act.”
In its order, the court noted that the PIL alleged rampant illegal construction within NMMC’s jurisdiction. Despite issuing notices, the civic body had failed to take effective action.
Senior counsel for NMMC, Anil Anturkar, acknowledged that the civic body, as a statutory authority, is duty-bound to ensure the removal of illegal constructions.
Upon identifying such structures, NMMC must issue notices to owners or occupants, granting them a hearing before initiating demolition. “We direct that NMMC shall undertake a thorough survey of its entire area to ascertain the number of illegal / irregular constructions which have been made. The survey is to be completed in four months,” the bench said.
It added: “On identification of illegal structures , NMMC shall give a notice to its owners / occupiers and shall afford them an opportunity of hearing before taking action of removal of illegal structures / constructions.”
The court clarified that NMMC must adhere to the guidelines laid down by the Supreme Court regarding demolitions. It also granted aggrieved parties the liberty to seek legal recourse.
The HC disposed of the PIL and scheduled the contempt petition for a hearing after two weeks.
In October 2024, the HC had taken a serious view of the unchecked illegal constructions in Navi Mumbai and said that the same were causing “enormous difficulties to urban residents”.
The HC had then directed the planning authorities — NMMC, MIDC, and CIDCO — to take strict action against such illegal structures or face contempt proceedings. Initially, an order was passed on November 8, 2018 which had mandated the demolition of illegal structures and the prevention of new ones.
Earlier, NMMC had filed an affidavit stating that 6,565 illegal constructions had been identified, with partial demolition carried out on 3,096 structures.
