NMC faces 1 cr penalty for ignoring HC orders on rehab
Nagpur: The Nagpur bench of Bombay High Court on Tuesday lashed out at the Nagpur Municipal Corporation (NMC) for failing to act on its repeated directives related to the rehabilitation of licensee vendors displaced by the Ganesh Tekdi railway station parking plaza project. The division bench comprising Justices Avinash Gharote and Abhay Mantri warned that it was inclined to impose a penalty of 1 cr on the civic body for its "insensitive" conduct and disregard for court orders.The court was hearing a petition filed by Syed Sakir Ali Abdul Ali and 34 others through Counsel Mahesh Dhatrak, who challenged the prolonged delay in implementing a revised proposal under Section 37 of the Maharashtra Regional and Town Planning (MRTP) Act.The proposal, crucial for rehabilitating affected shopkeepers, was to be submitted by NMC to the state govt as directed by the court on February 27. However, as of May 5, the civic body failed to send the required proposal.
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Time of India
an hour ago
- Time of India
Organised crime knows no boundaries, fosters terrorism & wrecks economy: Bombay HC
Nagpur: Organised crime is not limited by borders and has a devastating impact on the country's economy and internal security by enabling , Nagpur bench of Bombay High Court observed while overturning a lower court order that denied police custody of a member of a crime syndicate. Tired of too many ads? go ad free now Justice Urmila Joshi-Phalke, while granting seven-day police custody to , 33, under the stringent Maharashtra Control of Organised Crime Act (MCOCA), said, "organised crime is a serious threat to society and is fuelled by illegal wealth generated by contract killing, extortion, narcotics trade, ransom kidnappings, money laundering, and protection rackets." The court rejected the special MCOCA court's May 3 ruling, which denied police custody on the limited ground that the probe was focused on tracing bank accounts and property. Justice Joshi-Phalke said the special court failed to consider crucial aspects of the investigation, including the accused's ongoing role in a larger organised crime syndicate. "MCOCA can be invoked even if direct crime involvement is absent, but syndicate nexus is established," the judge said. "Black money generated by organised crime has had a serious adverse effect on our economy. These syndicates have made a common cause with terrorist gangs," the court said, while affirming that MCOCA empowers agencies to intercept communications and pursue complex networks that threaten national security. The court was hearing a revision plea filed by the state against the lower court's refusal to grant police custody. Yadav was arrested in a March 14 assault case registered in Yerla, Kalmeshwar, where he and a co-accused allegedly attacked a man with a sickle. Though the case was initially registered under Bhartiya Nagrik Suraksha Sanhita (BNSS), further investigation revealed a pattern of serious, repeat offences allegedly committed for pecuniary gain — prompting the application of MCOCA. Tired of too many ads? go ad free now The prosecution submitted that Yadav had at least nine criminal cases against him, with seven still pending. "He is a repeat offender operating for economic gain. His actions fit the definition of continuing unlawful activity under MCOCA," the state counsel contended, while urging custodial interrogation to investigate deeper links within the crime syndicate. The high court agreed, stressing that even if an individual may not have committed a particular act of organised crime directly, their nexus with a syndicate or with repeated unlawful acts could still justify invoking MCOCA. "A nexus with the crime syndicate is enough to attract the Act," Justice Joshi-Phalke said, citing Supreme Court's precedent in the Ranjitsing Brahmajeetsing Sharma case. She ruled that police must be given a fair opportunity to probe syndicate structures, pecuniary trails, and unlawful activities under the wider framework of MCOCA. "In light of the legislative intent, denial of custody would amount to frustrating the purpose of the law," the court said while quashing the lower court's orders. Key Takeaways from Bombay High Court Ruling MCOCA can be invoked even if direct crime involvement is absent, but syndicate nexus is established. Illegal wealth and black money generated by organised crime has had a serious adverse effect on our economy. Crime syndicates have made a common cause with terrorist gangs Lower court erred by focusing on financial investigation grounds for police custody. Continuing unlawful activity with pecuniary motives qualifies under MCOCA. Seven prior pending cases against the accused supported the State's plea Police must be allowed custodial access to probe deeper syndicate links.
The Hindu
6 hours ago
- The Hindu
Nellore Municipal Corporation cracks whip on illegal layouts
Nellore Municipal Corporation (NMC) officials have initiated a special drive to remove illegal layouts and unauthorised constructions across the city. They demolished unauthorised constructions in four layouts, including Garden City Extension in Ambapuram, Sri Sai Brundavanam Smart City Phase A&B in Gudipallipadu, and Sri Sai Nagar Phase-I and II in the city. As part the drive, the officials of Directorate of Town and Country Planning (DTCP), Regional Deputy Director of Town and Country Planning (RDDTP), Urban Local Body (ULB) and Urban Development Authority (UDA) have been jointly conducting the raids at various layouts in the city. Based on the complaints received at the DTCP office, the NMC officials identified the illegal layout and started demolishing unauthorised constructions this week. According to Andhra Pradesh Layout Rules, 2017, NMC has issued guidelines to the Registrar and Electricity Department not to register such properties and provide them electricity. In a public notice, the NMC advised the property buyers not to purchase any plot in unauthorised layouts as the government will not give building permissions and other approvals for basic facilities such as drinking water and electricity. It also warned the builders and developers of stern action against illegal constructions under A.P. Municipal Corporation Act, 1955. NMC Commissioner Y.O. Nandan directed the planning secretaries to monitor the construction of new buildings within their ward secretariat limits and file chargesheets on those constructed in violation of building permissions. He suggested to personally serve court summons to the building owners of the illegal structures. Mr. Nandan further asked the secretaries to identify the unauthorised layouts at the construction stage itself and bring them to the notice of higher authorities. He directed them to respond to the building applications in their DPMS logins within 24 hours and take appropriate action, and also assured to resolve the issues received at the public grievance redressal platform within stipulated time.
The Print
8 hours ago
- The Print
Mumbra: Illegal shops, homes destroyed after HC orders. But only victims are unsuspecting buyers
Shah Mohammad is among hundreds of unfortunate individuals who bought a house or a shop at Shil village, near Mumbra, on the outskirts of Thane. This area housed many lower income group families and the houses were worth an average of Rs 20 lakh. 'I had built this shop just five months ago thinking I could start a career as a businessman after struggling with a poorly-paid job. I spent Rs 16 lakh, of which Rs 4 lakh is a loan. But now everything is destroyed. All my savings are gone. I have nothing left. I will have to restart everything from scratch,' says 36-year-old Mohammad, wiping his tears. Mumbra, Thane: Shah Mohammad stares blankly at the pile of rubble that used to be his grocery shop in the Madina Complex building. Anxious about his bleak future, he has barely slept or eaten in the past two days. On 12 June, the Bombay High Court, taking strict note of the 17 unauthorised structures in Shil Daighar near Mumbra, passed an order that paved the way for the demolition of 17 buildings that were constructed on a five and half acre plot owned by an elderly woman. The Bombay High Court described this case as one 'which would shock the conscience of the Court'. The order was challenged in the Supreme Court but on 17 June, the apex court refused to intervene with the high court order; instead it appreciated the high court for taking up a 'courageous stand'. 'It's shocking that some people have the guts to come to this court. For once, the high court has woken up and tried to establish the rule of law. How many buildings have you constructed without taking any sanctions? Please go. Unless and until you take any action against these unscrupulous builders, this trend will continue, people will continue to do gorilla fighting using your shoulders, it must stop,' Justice Manmohan of the top court said. Both courts said that if this was not stopped, such illegal structures could mushroom across Thane and Mumbai. The high court also said, 'Such construction could not have come up except with the blessings of the Government and Municipal Officers. It is also shocking that the persons who have rampantly undertaken such construction could spend such huge amounts in undertaking such brazen illegal construction and ultimately to defraud innocent flat purchasers to purchase flats/tenements in such construction,' the high court observed in its order dated 12 June. (ThePrint has copy of it.) This area falls under the Kalyan Rural constituency and the sitting MLA is Rajesh More of the Shiv Sena Shinde. ThePrint tried to reach out to More via calls. This report will be updated once we get a response. The court also pulled up the Thane Municipal officers over their neglect. 'The situation is so serious that it would be difficult to believe that there is at all any rule of law when it comes to illegal constructions and whether the Thane Municipal Corporation is at all alive to what is happening under its feet and under the blessings of its officers,' the court observed. Just filing police complaints and issuing notices is not enough when illegal construction has been going on, the court observed. 'Considering the seriousness of the matter, this is a clear case of land grabbing as also the complaints having fallen on the deaf ears of the Municipal Officers. Today we do not know how many such illegal constructions are overlooked, neglected and no action has been taken by the Municipal Corporation and more particularly in the interest of innocent tenement purchasers, who are likely to invest their money in purchasing tenements, in illegal and unauthorised constructions, also at the cost of their life as there is no certainty about the legality and quality of the construction which they would occupy,' the court observed while passing its operative order on 12 June. The court has asked Thane's principal district judge to appoint a judicial officer to conduct an inquiry into those who are behind the illegal construction. The report has to be submitted in six weeks. ThePrint reached out to Saurabh Rao, Thane Municipal Commissioner, via calls, for a comment. There was no response. Shil is in Thane district, about 25 km from Thane City. It is a part of the Mumbai Metropolitan region and has, over the years, absorbed the spillover population of Mumbai. Much of the population of Shil and Mumbra comprises of people from low income groups who work as masons, labourers, carpenters, drivers, commuting to Mumbai everyday. Human lives at stake Even as the court admonishes officials, the lives of the thousands who live in the Madina complex are are completely disrupted. The road to their complex is now a kaccha road filled with sand and stones. The compound that housed the 17 illegal buildings is now just rubble and debris. Once an area that was bustling with shoppers and laughing children, now the only sounds are of the JCBs and tractors. The demolition drive started on 12 June, the day of the high court order. Residents say they got no formal notice. They were just told verbally to vacate the compound. Residents whose houses are yet to be demolished are living in fear. Most of those ThePrint met had not gone to work, but were huddled outside their homes, making emergency plans. It's stifling inside their homes anyway, with the electricity having been cut off the day the demolitions began. 'Why did the authorities not understand that this was illegal when these buildings were getting constructed? Why did they allow it to happen? And now why are we being punished for the corruption of officials and builders?' asked Abdul Rehman Khan, 29, who works in the furniture industry. Khan had bought a house worth Rs 19 lakh about 8 months ago, after mortgaging his ancestral land in UP and taking a loan from friends. Now he doesn't know how he will pay them back, especially with a month-old baby to care for. Similar is the story of Ejaz Khan, a 26-year-old who works as a pharmacist. He had bought the house about a year ago and now has a five-month-old baby. 'I had looked at all the papers before signing. Everything looked clear in the agreement and hence I bought it. Since they have cut the electricity, my baby has mosquito bites all over his body. Now if they demolish my house, where will I go with my wife who is nursing and my small baby?' he asked. Khalid Mohammad, who was sitting on the rubble of one of the buildings, told ThePrint that he was a friend of the builder. 'All these talks of underworld connection, land grabbing, and land mafia are just allegations against the builders here,' he said. 'Everyone knew about these buildings and their construction. Why did nobody talk about it earlier? Why did the police not do anything? In all of this, it is only our loss—the people who have paid hard earned money to buy houses/shops,' said Mohammad. Another worry is the monsoon. 'Why are we being asked to go out and vacate our homes during monsoon when it is raining continuously? The court normally gives time. Why the rush in this particular case? They should give us some time to find an alternative before demolishing our buildings,' said Pervez Khan, a 20-year-old student whose father drives a taxi. The high court is still hearing the matter and in the last hearing on 19 June, the court asked the TMC commissioner to come down heavily on the officers who are complicit. The next hearing is slated for 26 June. (Edited by Viny Mishra) Also read: Builders, politicians, civic officials under lens—what's the Vasai-Virar illegal buildings case
