Green belt Zone – Mutha river – Illegal structures – Right to Regularisation
The petitioners had constructed structures in the green belt zone or river protection belt on the banks of Mutha River in Pune. Except one, rest of the structures were for commercial purposes like marriage hall, wedding venue, store houses, restaurants, garages, etc; without obtaining permission. Most of the structures were removed by the Pune Municipal Corporation. However, the petitioners re-constructed the structures and again started commercial use.
Again, the notices under Sections 53 and 54 of the Maharashtra Regional and Town Planning Act, 1966, for demolition were issued.
The petitioners’ interpretation or understanding of the legal position is that it is perfectly alright to construct or reconstruct illegally and brazenly in a green belt zone or a river protection zone. If and when such illegalities are discovered, and demolitions are ordered, the petitioners claim indefeasible right to apply for regularisation.
The petitioners filed the petitions and claimed indefeasible right to apply for regularisation. The thrust of the claim is the entitlement to apply for regularisation, however illegal the constructions built by the petitioners might be.
The benefit of regularisation is never to be extended to the parties who violate the building regulations or environmental regulations brazenly and with impunity.
The Court has held that such indiscriminate regularisation discriminates against the law-abiding citizens who refuse to pay bribes and follow the due, though long, process of securing permission from all the prescribed authorities before putting up any construction.
The common man feels cheated when he finds that those making illegal and unauthorised constructions are supported by the people entrusted with the duty of preparing and executing the master plan / development plan / zonal plan. The failure of the State apparatus to take prompt action to demolish such illegal constructions has convinced the citizens that planning laws are enforced only against the poor and all compromises are made by the State machinery when it is required to deal with those who have money and power or unholy nexus with the power corridors.
Judgment dated 26.6.2024 of the Bombay High Court in Writ Petition No.5816 of 2023 of Sandeep Vilas Ranade and another Vs. Pune Municipal Corporation and others with connected matters.
