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Indian Express
13 hours ago
- Politics
- Indian Express
In slum rehabilitation schemes HC upholds decision for open spaces, says 35% be strictly reserved for public park
The Bombay High Court on Thursday upheld the state government's 2022 regulation permitting non-buildable open spaces exceeding 500 square metres in the city to be used for slum rehabilitation (SR) schemes. However, it has directed that at least 35% of the vacant space on such lands used for SR Schemes must be treated as a public amenity, such as a functional and usable public park, and not as a private area for residents only. The HC was hearing the plea, challenging the consistent use of public open spaces (POS) that are reserved for recreational purposes to implement SR schemes. Such public open spaces used for SR schemes are those which are otherwise non-buildable and reserved under the Development Plan for parks, gardens, playgrounds, etc. The HC also directed the BMC to complete the GIS-based mapping and geo-tagging of all plots designated as open space in the sanctioned development plan and the same be published on its website within four months. The bench said that once the SR project is completed, 35 % of its open space must be handed over to civic bodies for management within 90 days of obtaining occupation certificate for the project, unless the corporation permits joint maintenance with housing a society and such space shall not be enclosed or restrict entry of local public. 'No portion of the open space shall be reserved exclusively for any private group, resident association, or developer,' it noted. The HC directed the state government and Slum Rehabilitation Authority (SRA) to form a dedicated committee or appoint a senior officer to oversee implementation of regulation on the ground and quarterly reports be submitted to the SRA and Urban Development Department (UDD), which shall be uploaded on their websites. A division bench of Justices Amit Borkar and Somasekhar Sundaresan passed a verdict on a plea by NGO Alliance for Governance and Renewal (NAGAR) and others, argued through senior advocate Shiraz Rustomjee. The petitioners had challenged the Regulation 17 (3)(D)(2) of the Development Control and Promotion Regulations (DCPR), 2034 under Maharashtra Regional Town Planning (MRTP) Act inserted in the year 2022. The impugned decision allowed that non-buildable open spaces of over 500 square metres can be used for SR schemes, provided 35 % of the ground area is kept vacant and continued to serve the designated public reservation. However, the petitioners argued that the said regulation in effect legalised the diversion of up to 65 % of land from the reserved public use and permitted its use for construction. Therefore, the said regulation diluted the purpose of reservation and was robbing Mumbai of its much-needed green and open spaces,' they added. Rustomjee argued that public parks and open spaces 'should not be sacrificed to accommodate encroachments or private development, even under the banner of welfare schemes.' The petitioners further argued that the 2022 decision was an extension of the 1992 notification, They added that that while the 1992 notification sought minimum plot size of 1000 square metres, the 2022 regulation reduced it to 500 square metres, which will lead to more smaller open plots available for construction and further reducing already scarce open space in the city. In a 191-page judgement, Justice Borkar for the bench observed that the impugned decision 'tries to achieve the balance' that the government has to strike between its duties to protect, improve urban environment and to ensure shelter and safety for weaker sections of the society. Upholding the validity of the regulation in question, the HC also said disciplinary action be taken in case of any violations and projects retaining more than 35 % vacant space should be encouraged. It also directed the BMC to give ward wise action plans listing all reserved open spaces to UDD and conduct quarterly inspections to identify encroachments. Among a slew of directions, the court also asked the state government to undertake a comprehensive policy review of the impugned regulation within two years. It said that HC verdict should not be 'read as giving a free hand to the State to reduce open spaces in the city.'
Indian Express
4 days ago
- Politics
- Indian Express
Take action against encroachments on Jewish cemetery land, Bombay HC tells Panvel civic body
The Bombay High Court on Monday directed Panvel Municipal Corporation (PMC) to remove unauthorised or illegal constructions on land belonging to a 200-year-old Jewish cemetery. A bench of Chief Justice Alok Aradhe and Justice Sandeep V Marne was hearing a plea by Jewish Heritage Trust, filed through its chief trustee Raymond A Gadkar alleging that certain encroachments in the form of unauthorised hutments and hoardings are made on its land reserved for Jewish community's burial rituals and repeated complaints to PMC have availed no action. The Trust, through senior advocate A S Khandeparkar, claimed that despite ongoing proceedings before legal forums, the PMC has repeatedly failed to take any action against the alleged encroachers despite it having identified them. The plea also raised grievances over the discharge of waste generated through the encroachments into the holy Israeli tank/lake. The petitioner Trust, which was formed to manage and protect Jewish heritage sites, said the tank is used to wash/clean the bodies prior to their burial as per Jewish rituals. 'Undoubtedly, under the Maharashtra Regional Town Planning (MRTP) Act,1966 and Maharashtra Municipal Corporation (MMC) Act, 1949, the Panvel Municipal Corporation is under a statutory obligation to remove encroachment and to keep the water bodies clean,' the HC noted. The court noted that whether the alleged construction was raised on a plot belonging to Subhan Shah Dargah or on the designated cremation ground of the petitioner Trust was 'a question of fact,' which it could not determine under Article 226 of the Constitution. Therefore, the court directed the ward officer of PMC to all persons or parties who may be in occupation of the concerned land and then take action against structures/encroachments as per law and the said exercise be completed within three months. The HC clarified that it did not express any opinion on the merits of the matter and any person or party aggrieved due to demolition or removal action was at liberty to take recourse to the remedy prescribed under the law. The court then disposed of the plea.
Time of India
06-05-2025
- Politics
- Time of India
Activists in Vasai Virar demand SIT probe into Illegal constructions
VASAI: Activists in Vasai Virar are calling for a Special Investigating Team (SIT) to investigate the continuous illegal construction activities in the region, following an RTI disclosure revealing 4,95,285 illegal units being charged property tax/house tax (gharpatti). These unauthorised structures are putting excessive pressure on the city's infrastructure, affecting water, electricity, and transport services for legitimate tax-paying residents. The senior officials of Vasai Virar City Municipal Corporation (VVCMC) have been criticised for their alleged negligent approach towards land mafia encroachment and non-compliance with court orders. Terence Hendriques, who filed a PIL regarding illegal construction in VVCMC jurisdiction, questions why cases under MRTP (Maharashtra Regional & Town Planning Act, 1966) aren't filed against developers when they submit self-attested affidavits acknowledging illegal construction whilst applying for gharpatti. He notes that despite the presence of approximately 5 lakh illegal units, the former municipal commissioner in March 2021 reported only 2,817 illegal structures to the court. Hendriques emphasises the need for the Maharashtra chief minister to establish an SIT to address this issue. Deepak Rao, who filed a PIL with the National Green Tribunal (NGT) to protect a water body in Chinchoti (Vasai Taluka), highlights what he called the casual attitude of VVCMC officials towards court cases and RTI applications. He mentions that AMC Rajendra Kadam was fined Rs 25,000 for delayed RTI responses. Despite ongoing court proceedings, illegal construction continues on a reclaimed water body allegedly controlled by Virendra Singh, a person with multiple FIRs against him. The complainants are compelled to seek legal intervention due to VVCMC's inaction against illegal construction and their reluctance to file MRTP cases against the land mafia. For instance, despite two MRTP notices, no FIR has been filed against Irshad Khan, who allegedly constructed illegal commercial establishments spanning 2-3 lakh square feet in Pelhar, Nalasopara. Additionally, approximately 30-35 acres of land in Wakanpada, Pelhar, Nalasopara East has been illegally developed after destroying hillocks, with forest land within VVCMC jurisdiction also being encroached upon.
Time of India
04-05-2025
- Time of India
Illegal constructions in Vasai Virar: Activists demand SIT probe into
VASAI: Activists in Vasai Virar are calling for a Special Investigating Team (SIT) to investigate the continuous illegal construction activities in the region, following an RTI disclosure revealing 4,95,285 illegal units being charged property tax/house tax (gharpatti). These unauthorised structures are putting excessive pressure on the city's infrastructure, affecting water, electricity, and transport services for legitimate tax-paying residents. The senior officials of Vasai Virar City Municipal Corporation (VVCMC) have been criticised for their alleged negligent approach towards land mafia encroachment and non-compliance with court orders. You Can Also Check: Mumbai AQI | Weather in Mumbai | Bank Holidays in Mumbai | Public Holidays in Mumbai Terence Hendriques, who filed a PIL regarding illegal construction in VVCMC jurisdiction, questions why cases under MRTP (Maharashtra Regional & Town Planning Act, 1966) aren't filed against developers when they submit self-attested affidavits acknowledging illegal construction whilst applying for gharpatti. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like New Container Houses Vietnam (Take A Look At The Prices) Container House Search Now He notes that despite the presence of approximately 5 lakh illegal units, the former municipal commissioner in March 2021 reported only 2,817 illegal structures to the court. Hendriques emphasises the need for the Maharashtra chief minister to establish an SIT to address this issue. Deepak Rao, who filed a PIL with the National Green Tribunal (NGT) to protect a water body in Chinchoti (Vasai Taluka), highlights what he called the casual attitude of VVCMC officials towards court cases and RTI applications. He mentions that AMC Rajendra Kadam was fined Rs 25,000 for delayed RTI responses. Despite ongoing court proceedings, illegal construction continues on a reclaimed water body allegedly controlled by Virendra Singh, a person with multiple FIRs against him. The complainants are compelled to seek legal intervention due to VVCMC's inaction against illegal construction and their reluctance to file MRTP cases against the land mafia. For instance, despite two MRTP notices, no FIR has been filed against Irshad Khan, who allegedly constructed illegal commercial establishments spanning 2-3 lakh square feet in Pelhar, Nalasopara. Additionally, approximately 30-35 acres of land in Wakanpada, Pelhar, Nalasopara East has been illegally developed after destroying hillocks, with forest land within VVCMC jurisdiction also being encroached upon.
Hindustan Times
30-04-2025
- Business
- Hindustan Times
PMRDA to issue occupancy certificates for pre-2013 legal constructions
Pune Metropolitan Region Development Authority (PMRDA) commissioner Yogesh Mhase on Tuesday said that those who built homes or bought flats with valid town planning permission before 2013 but were denied occupancy certificates will now be eligible to receive it. Before PMRDA was formed in 2015, people needed permission from the town planning department for construction. After approval, such construction was considered legal. Many who built houses or bought flats before 2013 with this permission did not get occupancy certificates and could not get home loans from banks. They also faced trouble in selling flats. As per the Monopolies and Restrictive Trade Practices (MRTP) Act (Section 7.6) and Unified Development Control and Promotion Regulations (UDCPR) rules (Section 2.10), PMRDA can issue occupancy certificates. But when citizens apply, PMRDA said it could not issue as a court case is pending in Mumbai municipal corporation. 'Citizens should approach the authority with valid documents. These will be verified before certificates are issued,' Mhase said. Local offices in villages Covering over 6,000sqkm and 697 villages, PMRDA operates from a central office in Akurdi, causing inconvenience to residents in remote areas. To address this, the authority will set up local offices in eight villages starting May 1, Mhase said.
