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Bombay High Court orders MIDC to demolish illegal buildings in Digha

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Hearing a matter pertaining to 86 buildings that have allegedly been constructed illegally at Digah village in Navi Mumbai, the Bombay High Court Tuesday directed the Maharashtra Industrial Development Corporation (MIDC) to demolish illegal buildings under its jurisdiction. Most of the these 86 buildings are multi-storey and have apparently come up on MIDC land. “These 86 buildings have allegedly been constructed without any permission. We direct the Thane tehsildar to visit the buildings and submit a report on whether they have obtained permission for carrying out construction,” said the HC. “Meanwhile, MIDC can initiate action of demolition in relation of 86 buildings which are falling in their jurisdiction,” added the court.

Justices A S Oka and Revati Mohite Dere were hearing two public interest litigations — one filed by Mayura Maru against illegal structures in Navi Mumbai and another by Rajiv Mishra seeking demolition of unauthorised structures in the Digha area of the satellite township. The petitions claimed that despite filing complaints, no proper action was taken. The Thane tehsildar has already visited nine buildings in the areas and submitted a report to the HC, which says the buildings were constructed without obtaining permission from the authorities concerned. “The report records that a warning has been issued by tehsildar not to carry out further construction,” said the court. According to the report, parts of these nine buildings are occupied. “Considering the gravity of the situation, we place these nine buildings under the possession of the court receiver, Mumbai,” added the HC.

The bench said a display board should be installed informing everyone that the receiver was in charge of the building and those already occupying it should not be disturbed. The court has asked for police protection for the court receiver, the tehsildar and his staff. The state has also been asked to issue appropriate direction under the Maharashtra Regional and Town Planning Act, for resolving conflict of jurisdiction between Navi Mumbai, MIDC and City and Industrial Development Corporation of Maharashtra Limited. The state has been asked to file an affidavit by July 24.


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