Why does BMC pay to raze structures?
The Bombay high court on Tuesday directed the commissioner of the BMC to issue a circular stating that costs incurred by it on the demolition of illegal structures would be recovered from the owner or occupant of the said property.
A division bench of Justice A.M. Khanwilkar and Justice A.P. Bhangale was hearing a public interest litigation filed by Awaz Foundation seeking the court’s direction to the civic body to demolish illegal structures on a land in Manori. This land falls under the Costal Regulation Zone. Under the CRZ Act, no development can be allowed on the particular land.
The lawyer appearing for the BMC, informed the court that the structure was demolished after a notice was issued to the trust that had built the illegal structure.
The bench then asked the BMC if expenses for the demolition was recovered from the trust responsible for the construction of the structure.
“Why is it that the corporation bears the expenses for demolishing structures illegally built by someone else. The money being spent belongs to the tax payers. No wonder the civic body is suffering financial losses,” remarked the bench.
The court then said that the cost of demolition of an illegal structure should be recovered from the person or trust responsible for the construction.
“In cases where the owner or occupant of the illegal structure is identified, the cost of demolishing it should be recovered from them,” Justice Khanwilkar said.
Directing the civic body to issue a circular on the same, the bench adjourned the matter by four weeks.
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