HC directs KDMC to demolish the temporary illegal structures

Mumbai, Aug 02 (UNI) The Bombay High Court today directed the Kalyan-Dombivli Municipal Corporation to demolish the majority of temporary illegal structures within their jurisdiction within six weeks.

A division bench comprising Justices R M Lodha and N H Patil today directed that of the 367 illegal structures, 65 structures falling in the area from Titwala station to Titwala Mandir Chowk that just need to be pushed in for illegal extensions, be demolished within 12 weeks. Also, the remaining structures that are constructed on public roads, pavements, footpaths or public places, be demolished within six weeks.

There are more than 30,000 illegal structures within the KDMC jurisdiction. The Thane Collector has been directed to file an affidavit by August 24 stating the period required to conduct a physical city survey of the area to mark the ilegal structures and provide details as to the type of construction, name of builder, occupier and plot details as per records of the Corporation.

The court also held that the 22 other structures that did not have any pending suits filed could be demolished while the 24 structure that have cases pending in the court, the cases should be expedited and the said structures also demolished.

While the court was told that there were 37 structures where construction was going on, the court directed those structures to be demolished as well.

The state's counsel Pradeep Patil also told the court that the illegal structures on forest land were issued notices and the removal would start within two months.

The court has also directed the Kalyan Deputy Commissioner of Police to file a reply stating whether he agrees to provide police force to KDMC to assist in the removal of the illegal structures and the cost will be borne by KDMC.

The court also directed the KDMC Commissioner to issue necessary directives to the seven ward officers to ensure that no unauthorised structures came up or the ward officers under KDMC would be held personally responsible.

It maybe recalled that petitioner Kaustabh Gokhale, resident of the area, had filed a public interest litigation alleging that almost 50 percent of the structures in the KDMC jurisdiction were illegal.

UNI ARM PM AW1905