In a sharp rebuke to the Maharashtra government and the Brihanmumbai Municipal Corporation (BMC), the Bombay High Court on Thursday questioned whether the state intends to encourage law-abiding citizens or lawbreakers. This criticism came in response to the BMC’s continued inaction against an illegal construction in Andheri, despite multiple complaints lodged since 2021.
Justices A S Gadkari and Kamal Khata of the division bench expressed their displeasure over the civic body’s failure to address the unauthorized construction that has plagued the local community. The bench ordered the immediate demolition of the structure within two weeks and mandated strict disciplinary measures against the officials responsible.
Highlighting a broader issue, the Court pointed out the trend of illegal constructions proliferating into slum-like conditions or commercial zones, depending on the plot sizes. This case, according to the justices, underscores the “unholy nexus” among various stakeholders that fosters such lawlessness.
“The case not only reveals but also vindicates the common belief about the nexus among the concerned parties,” stated the bench. The justices expressed their exasperation with the BMC’s non-communication and passive approach, which began in 2021 when the first complaints were filed.
Justice Gadkari remarked on the emotional and social toll such inaction takes on citizens who endeavor to uphold the law. “One needs courage to continuously confront law-breakers and follow through against all odds to a logical conclusion,” he noted.
The bench went further to challenge the state government’s stance on the matter, emphasizing that the apparent governmental apathy might suggest a preference for condoning illegal activities. “Does the State want to continue encouraging the law-abiders or the law-breakers is a question that the government needs to answer. Presently, it seems to be the latter,” the bench remarked.
In their concluding remarks, the justices called for a reevaluation of the state’s commitment to enforcing the law, stressing the need to sensitize “thoroughly insensitive” public officers whose neglect has allowed illegal constructions to thrive.
This legal scuffle began when Asif Fazal Khan filed a petition seeking the demolition of a structure illegally built by Azam Khan in suburban Andheri, which allegedly became a hub for anti-social behaviors disturbing the local community. Despite the BMC’s promise of action in early 2024 and subsequent court directives, the issue dragged on due to various delays, including election duties and local festivals.
