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Illegality of unauthorised structure of reputed school is incurable

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The petitioner a reputed School in PMRDA area made construction based on the NOC dated 1.10.2007 issued by the then Gram Panchayat.  The said area and school had come in PMRDA area in 2016.   After receiving the notice for demolition, the petitioner  made application dated 17.1.2025.   This was rejected by the Respondent no.1 on 23.1.2025.   The order dated 17.4.2025 directed the petitioners to remove the unauthorised construction within 15 days.

HELD that the consistently the Courts have held that ‘illegality is incurable’.  The Court also clarified that Section 53 of the MRTP Act does not contemplate the curing of an illegality, if it did, it would be liable to struck down inter alia on the ground of manifest arbitrariness.  The Courts must adopt a strict approach while dealing with the cases of illegal construction and should not readily engage themselves in judicial regularisation of buildings erected without requisite permissions from the competent Authority.

The structure constructed by the petitioner is wholly illegal.    The Grampanchayat’s permission / NOC has no relevance.  The contention that merely because it is an educational institution of 2000 students, the Court must consider to regularise the illegal structure.   It has become a recurring trend for individuals who have engaged in blatantly illegal or unauthorised constructions to invoke pleas of illiteracy when such constructions serve their own interests or alternatively, to create third-party rights in an attempt to elicit sympathy or secure concessions for regularisation as a matter of right.  Such misplaced sympathy not only undermines the sanctity of the law but also jeopardizes the very foundation of town planning.   Illegality is inherently incurable, and the law is equal and uniformly applicable to all, without exception.

Judgment dated  9.5.2025     of the High Court of Bombay in Writ Petition (St) No.17105 of 2025 of Aryan World School  Vs.   Pune Metropolitan Regional Development Authority and others

 

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