Don’t let civil courts rule on demolition cases, says BMC
The practice of constructing illegal structures on public plots by obtaining stay orders sought from the city and civil court has only become rampant over the years. The BMC has requested the state government to bar civil courts in encroachment cases. If the proposal to amend the Mumbai Municipal Corporation (MMC) Act is passed, only higher courts will be allowed to pass injunctions.
To clamp down on the unique modus operandi, the Brihanmumbai Municipal Corporation (BMC) has requested the state government to “bar the jurisdiction of civil courts” in encroachment cases. If the proposal to amend Section 351 of the Mumbai Municipal Corporation (MMC) Act is passed, only higher courts will be allowed to pass injunctions. According to civic officials, the request for amendment aims at curbing unauthorized constructions following the “liberal” stay orders being passed by the civil courts in “clear cases of encroachments”.
The practice of constructing illegal structures on public plots by obtaining stay orders sought from the city and civil court has only become rampant over the years. The BMC has requested the state government to bar civil courts in encroachment cases. In the past, many parties have approached the court to prove the legality of their structures by providing fake photo-passes issued by the collector’s office, bogus census certificates/election cards as well as doctored electricity bills.
“If the order is adverse, the BMC refers it to the legal cell and finally takes court’s approval before proceeding for demolition. By the time the verdict comes, the newly added portions of the structure are sold to a buyer,” Dahisar Congress corporator Rajendra Chaube,said, adding that he has already informed the higher courts of this modus operandi.
“The court has been liberal in granting injunctions in cases where the corporation has been issuing show-cause notices under Section 351. It is, therefore, proposed to bar the jurisdiction of civil courts when notices are served to structures obstructing public projects or causing hindrance to smooth flow of traffic,” the proposal reads.
The BMC has also requested that the municipal commissioner be vested with greater power to seize household goods of unauthorized buildings. It has has also sought increasing penalties imposed under sections 52, 53 and 54 of the MRTP Act against illegal constructions.
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