Mumbai: The Bombay High Court on Saturday asked its registrar judicial to verify whether a petition challenging Deputy Chief Minister Eknath Shinde’s stay on demolition of two Navi Mumbai buildings should be treated as a Public Interest Litigation (PIL).
NGO Plea Considered
A bench of Justices Ravindra Ghuge and Ashwin Bhobe passed the order while hearing a plea filed by NGO Conscious Citizen Forum. Advocate General Birendra Saraf pointed out that since the petitioner was an NGO and raised issues concerning public interest, the matter bore the character of a PIL. The court directed the registrar judicial to examine the contents of the plea and submit a report within two days.
Earlier HC Query On Authority
On September 17, the same bench had questioned the authority of Shinde, who also holds the urban development portfolio, in staying demolition notices issued by the Navi Mumbai Municipal Corporation (NMMC). The court had asked the state to clarify the legal source of the minister’s power to intervene in an ongoing statutory process under the Maharashtra Regional and Town Planning (MRTP) Act.
Challenge To Stay Order
The NGO has challenged Shinde’s March 13 stay order as “arbitrary, illegal, ultra vires and untenable in law.” It has sought quashing of the order and a direction to NMMC to act on its March 3 demolition notices.
Details Of Targeted Buildings
According to the plea, NMMC issued the notices under Section 53(1A) of the MRTP Act after years of delay and repeated complaints. The targeted structures include the 14-storey Naivedya building, alleged to have violated FSI norms and sanctioned plans, and the D-wing of Albela, a seven-storey building reconstructed in 2003 after the earlier Cidco structure was razed. Neither building has an occupation certificate, yet flats have been sold to third parties, the plea notes.
Court Observes Wider Concern
The bench had observed that although the matter did not involve encroachment on public land, it raised larger concerns over unauthorised constructions. “After due procedure, the competent authority concluded that demolition was necessary and issued notices. However, on the very same day the housing societies approached the Deputy CM, he stayed the proceedings, thwarting further action,” the judges remarked on September 17.
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Registrar Directed To Verify
On Saturday, the bench noted in its order: “Advocate General has pointed out para 9 and 10 of the petition. He further submits that this petition needs to be scrutinised whether it is in the nature of a PIL. Petitioner claims to be an NGO and seems to have raised an issue in the interest of the public.’
Report On PIL Status
The bench then directed the registrar judicial to “verify and submit a report whether this matter carried public interest and whether it can be said to be PIL”.
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