‘We Fail To Understand Whether Rule Of Law Prevails Or Muscle Power’: Bombay High Court On Illegal Constructions

New Delhi: The Bombay High Court has raised concerns over whether the rule of law or muscle power prevails in the state, as it criticized the state-run city planning agency, CIDCO, for its failure to act against illegal constructions on a land plot in Navi Mumbai.

CIDCO's Failure to Act Against Illegal Structures

A division bench of Justices AS Gadkari and Kamal passed the order earlier this month, stating that CIDCO had not shown the necessary determination to take stringent action against unauthorized constructions. 

The case revolved around illegal structures built on a plot of land owned by a couple in Navi Mumbai, where the petitioners sought the removal of unauthorized shops constructed by one Deepak Patil on their property.

In response to the court’s inquiries, CIDCO informed the court that when it attempted to initiate legal action against the illegal structures, it was met with threats from the sarpanch of Bokadvira village. 

The court, however, made it clear that such threats could not be tolerated, especially when officers were merely performing their lawful duties.

Court Slams CIDCO's Inaction, Demands Swift Action

The bench observed that officers performing their lawful duties must be provided with adequate police protection, and it is the responsibility of the authorities to curb illegalities and ensure the rule of law is established. In an unequivocal statement, the court said, “We fail to understand, as to whether, we live in a State where rule of law prevails or the rule of muscle power prevails.”

The court further said that such threats against CIDCO officers could not be allowed in a democratic state. It noted that the officers were acting in accordance with their duties to enforce the law and demolish illegal structures.

The case was brought to the Bombay High Court in 2016 by a couple seeking a directive to CIDCO to demolish illegal shops constructed by Deepak Patil on their land, which spanned 123 sq meters. 

The petitioners had reported that the structures were unauthorized and had caused significant interference with their property rights.

The High Court directed CIDCO to take all necessary legal steps to remove the unauthorized constructions within a one-week deadline. 

The bench also ordered the Navi Mumbai Commissioner of Police to provide sufficient protection to CIDCO officers, citing the threats from the sarpanch of Bokadvira village.

The court took note of an affidavit filed by CIDCO in 2022, which acknowledged that the structures in question were unauthorized. Despite this confirmation, CIDCO had failed to take action for over a decade, frustrating the purpose of planned development in Navi Mumbai.

The bench pointed out that CIDCO’s inaction contradicted the very purpose for which the agency was established to ensure planned development in the state. 

"Navi Mumbai is also established to have a planned, developed city of the 21st century," the court remarked. Yet, CIDCO’s actions appeared to be working against the state's intentions of ensuring a properly planned and developed city, the bench added.