Date of judgement:
26th February, 2022
Bench:
DIPANKAR DATTA & G. S. KULKARNI
Parties:
Plaintiffs – High Court on its own motion (in the matter of Jilani Building at Bhiwandi)
Defendants – Bhiwandi Nizampur Municipal Corporation & Others
SUBJECT
Alarmed by the collapse of Jilani Building and the resultant loss of 38 lives, the High Court took suo moto cognizance of the matter and issued guidelines for taking action against officials authorised such illegal constructions.
OVERVIEW
- In view of the collapse of a building named "Jilani Building" at Bhiwandi and deeply pained by the loss of 38 lives due to this collapse, the High Court took suo moto cognizance of the matter
- A similar collapse incident took place at Malwani Slums which resulted in the loss of 12 lives.
- The Court, in light of such incidents, appointed a Commission headed by Justice Mr. J.P.Devdhar (Retd.) to report on the incident of collapse at the Malwani village.
ISSUES RAISED
- Whether the collapse of the buildings took place due to the fault on the part of th municipal officials?
- Is there any mechanism to keep a check on unauthorized constructions?
- What actions should be taken against the erring officials?
IMPORTANT PROVISIONS
Maharashtra Municipal Corporations Act, 1949
- Section 265A: Structural stability certificate
- Section 267A: Levy of penalty on unlawful building
ANALYSIS
- The Court noted that there has been a growing trend of illegal encroachments and land mafias promoting illegal construction.
- Furthermore, the municipal authorities, which are supposed to prevent such illegal activities, have been turning a blind eye.
- The Commission appointed by the Court reported that the building (which collapsed) was not constructed properly and was built in an unconventional manner. No building plans were approved and it was an unauthorised construction.
- The Commission further reported that the officials such as surveyor in the Deputy Collector's office and officials from Municipal Corporation of Greater Mumbai were responsible for turning a blind eye to the illegal constructions.
- The Court observed that the right to livelihood does not mean mere animal existence but includes the right to live in decent houses.
- The High Court directed initiation of proceedings against the officials found responsible in the report of the Commission.
- The High Court further directed the Municipal Commissioner to take penal action against those erring officials who fail to remove or who aid or abet any illegal construction for a period of more than 6 months.
- The Court also directed the Municipal corporations to notify the officers in charge of the municipal areas so that the officers can be held accountable for any fault on their part.
- Furthermore, in the event of a building collapse, the enquiry of the incident shall be completed within 15 days of the incident by the Principal Secretary or Municipal Commissioner.
- The Court also directed the Government and the public authorities to take necessary steps to remove illegal encroachments and constructions
CONCLUSION
Innocent lives are lost due to such reckless and irresponsible behavior of officials who permit and authorize illegal constructions. Initiation of proceedings against such officials is a step in the right direction and safeguards the interest of the public at large.
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