"We Don't Want Lip Service; You Have No Regard For Human Life" - Bombay High Court On Illegal Constructions In Maharashtra In Suo-Motu PIL

A division bench of Chief Justice Dipankar Datta and Justice GS Kulkarni were hearing a suo-motu PIL, taken up in September 2020, with a view to "put an end to the menace that unauthorised and dilapidated buildings pose to humankind" after 38 people lost their lives in a building collapse owing to unauthorised construction in Bhiwandi, a town outside Mumbai.

"It seems there is no value for human life," Justice Kulkarni orally observed on Wednesday, after the bench was informed by Amicus Curie, Senior Advocate Sharan Jagtiani, that most of the civic bodies had failed to file their additional affidavits, and the ones that have been submitted do not contain the relevant information.

The court held that the affidavits filed by BMC and Ulhasnagar Municipal Corporation were mere "lip service" to its directions. "We cannot but express our shock and dismay at the apathy and indifference of the respondents," the bench observed in its order.

The court noted that the manner in which the municipal corporations and the UDD have conducted themselves exhibits extreme "lack of solicitude" and are indulging in "dilatory tactics" so that the litigation is not taken to its logical end.

"This amounts to a direct interference in the administration of justice. If considered necessary, initiating action for contempt is one of the options that we would bear in mind."

Commenting on the affidavit filed by the UDD, the bench observed that the expert committee it was ordered to constitute in 2018, in another PIL, hasn't had a single meeting from March 2019-February 2021.

"It is, therefore, clear that the UDD too not only has scant respect for the Court as well as the process of law, but also lacks the necessary intention to ensure that this great city gets rid of the several unauthorised and dilapidated buildings, which have sprouted courtesy the blessings of not only municipal officers but others."

The Court then directed all the municipal corporations and the UDD to file additional affidavits by March 31 as a last chance. The civic bodies have been asked to provide ward wise data on the type of illegal construction and the steps taken to deal with each of them, while the UDD was directed to file a progress report on a 2018 PIL.

The division bench warned to summon the respective municipal commissioners to court, in the event the court's order was not complied with.

"We forewarn the Municipal Commissioner(s) that his/their experience in Court may not be too palatable, if the course of justice is in any manner sought to be deflected by not rendering appropriate assistance."

In the 2018 suo motu PIL, the Bombay High Court had issued several directions to deal with illegal construction like setting up of an expert committee and a grievance cell to have supervisory mechanism like geo tagging of buildings to curb rampant illegal construction.