Clogged by illegal structure, plaints hc tells bmc to set up mechanism
KETAN J SHAH
(Querist) 30 December 2012
This query is : Resolved
Sir,
Today the problem of illegal structures coming up ,illegal encroachment by tenants has become very rampant.To look after and tackle these problems we have B M C.However due to many unknown reasons when B M C tries to take any action against such erring tenants or owners of flats/shops/any commercial joints they instead of cooperating with B M C just go and file court cases .Due to this the B M C cannot take any action and cases linger on in the courts for years.
Looking to these problems and thousands of cases pending in the courts our High Court has now realized the need of finding out some solution to this problem.Recently on 11/12/12 in Times of India there was an article saying FIR not needed to raze illegal structures .Again on 20/12/12 in special edition of Gujarat Samachaar our CM Mr Chauvan in his speech in Vidhan sabha said that as per as per ammendment in Town Planning Act rules, all those B M C officials allowing or responsible for allowing illegal construction would be punished.
On 28/12/12 in an article the H C has asked B M C commissioner to examine and issue directions and provide a proper mechanism for redressal of greviences against unauthorised structures at different levels across the corporation .As per the article of 11/12/12 the Hon'ble Judges had ruled that there was No Need to wait for FIR to be registered before taking action against illegal structures and also have warned the Govt officials from creating obstacles for BMC officers over action against illegal structures
As per article in Gujarat Samachar on 29/12/12 the High court has ordered the B M C to to come up with such mechanism by which the B M C officers can take necessary and Fast action and delay in court proceedings can be avoided.
The above moves by the High Court are a welcome gestures but the question arising is :- 1) what if already a suit has been filed in the lower court for illegal additions and alterations in the premises There are enough proofs showing illegal work. The party who has carried out such work themselves have admitted of such illegal work in their letters addressed to landlord and still have not allowed B M C to take any action against them whereas B M C has issued them notices various times in one case. 2) In another case M R T P has been issued but the tenant has not complied with B M C and instead filed a suit in Civil court against B M C itself. Caveat was filed by landlord so that No interim orders can be passed by court as landlord was NOT made a necessary party to the suit.The tenant did not disclose this in the court and interim order was passed.The landlord then filed chamber summons which was allowed by the court and Landlord was made necessary party.This order was challenged by the Tenant in the High Court and the writ petition filed by tenant was dismissed and interim order which was passed by civil court was vacated by High court.Now the tenant is trying to delay the suit proceedings. In this situation and as per the recent rulings by High Court can B M C implement the notice and M R T P issued to the Tenant and take necessary action in both cases Please opine
ajay sethi
(Expert) 30 December 2012
1)if interim orders have been passed by court restraining BMC from taking any action then those illegal structures cannot be demolished till stay order is operational .
2) in the second case you have metioned that tenant is delaying proceedings . if landlord has been made a party to suit proceedings court shall after hearing parties to suit pass necessary orders . if no injunction is granted BMC can take necessary legal ctionfor demolition of unauthorised additions /aleterations
Nadeem Qureshi
(Expert) 30 December 2012
nothing left to add, Mr. Sethi is right
Raj Kumar Makkad
(Expert) 01 January 2013
1. Nothing is possible to initiate except waiting for the verdict of th ecourt as the matter is already sub-judice.
2. Definitely BMC can very well do so. The owner should also bring a 340 proceeding against such tenant who had obtained the interim relief of stay by suppressing the material facts from the court and thus filing a wrong affidavit knowingly a false affidavit thereto fetches prejury.
