Act ruthlessly against officials aiding large-scale illegal constructions: HC to TMC Commissioner

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The Court further opined that there was a "larger issue" of "role of municipal officers, land mafia which has such audacity to undertake illegal constructions and for which certainly, appropriate legal approach will be required to be taken."The Bombay High Court on Thursday, while expressing displeasure over large-scale of illegal and unauthorised constructions with the “blessings of civic and government officials,” directed the Thane Municipal Corporation (TMC) Commissioner Saurabh Rao to act “ruthlessly” against such officers within the parameters of law and issue suspension orders.The HC said the “Thane pattern” should set an example for all other municipal corporations in Maharashtra.A division bench of Justices Girish S Kulkarni and Arif S Doctor was hearing two matters compliance by TMC of its June 12 order that  paved the way for demolition of 17 unauthorised structures/buildings constructed on five-and-half-acre land belonging to petitioner senior citizen woman at Shil near Mumbra area, encroached by “land mafia”. The Supreme Court refused to interfere with the HC order which expressed shock over proliferation of such illegal constructions.On Thursday, senior advocate Ashutosh Kumbhakoni representing the TMC said the civic body has acknowledged illegal constructions and had commenced demolition action against them. He said that of 17 buildings in question, 10 were completely demolished, 2 were demolished to the extent of 80 % and 5 buildings were partially demolished and further demolition work was in progress.The TMC further submitted that as per earlier HC order, the civic body has formed 9 units to initially act on illegal constructions in green and no-development zones across its wards.The Court sought a progress report of TMC’s action by next week and said that such units or committees shall also concentrate on other major illegal constructions in their areas and timely action be taken against them.“The Commissioner needs to have ward-wise meetings on unauthorised constructions every week..Otherwise, we are very sorry but you can think even Thane is gone or finished for time to come.   It will be chaos, where things are completely out of control. All government, municipal lands will be gone and everything is on the slum societies and the developers appointed by them, and the government will not have an inch of land and they will have to pay rent even for small offices at public cost and hunt for premises for public need,” Justice Kulkarni orally remarked.Story continues below this adThe HC sought strict action from Thane Commissioner and added, “There appears to be a total syndicate, something more than what meets the eye ..The Commissioner firstly needs to call his officers and tell them it is enough now. And then he has to be ruthless and issue suspension orders to those officers who do not deserve the public service. There is no way out. TMC earlier had a very good track record of issuing suspensions. What happened now?  Follow the process of law and throw these officers who are giving umbrellas to such persons (encroachers). These mutual blessings are very difficult.”After the TMC lawyer assured of “setting an example through actions,” the bench said,“Thane pattern has to be in respect of all municipal corporations in Maharashtra. We appreciate the way he has acted so far (action of demolition). We want the commissioner to really show what we mean by the rule of law and put his house (TMC) in order. It can be done if there is a desire. ”The Court also raised concerns over the “environmental damage” caused by the unauthorised constructions.Story continues below this adMoreover, the court appointed officer submitted his inspection report which noted that besides 17 structures, there are more such buildings (nearly 21) on the said plots and they are unauthorised, with steps being taken against them.The HC noted that significantly, when demolition action was on, none, who had put up such structures, came forward to halt the same.The Court further opined that there was a “larger issue” of “role of municipal officers, land mafia which has such audacity to undertake illegal constructions and for which certainly, appropriate legal approach will be required to be taken.” Stay updated with the latest - Click here to follow us on Instagram© The Indian Express Pvt LtdTags:Bombay High CourtMumbai