Questioning the delay in demolishing illegal private structures along the beachfront at Alibaug, the Bombay High Court on Wednesday asked the State government why it was hesitant to pull down such properties.
The observation came after the State told a Bench of Chief Justice Pradeep Nandrajog and Justice N.M. Jamdar that it was yet to demolish many such structures owing to several injunction orders passed by the lower courts, protecting them.
The Bench, however, said the government had made similar submissions on the last date of hearing on June 4, when it had directed the government to make applications before the lower courts, asking that orders to maintain status quo on such structures be vacated.
The Bench had also sought details of the 111 such orders that the State claimed had been passed by the various lower courts.
According to the submissions made by the State on June 4, a total of 159 properties have been served demolition notices by the Alibaug district authorities as they violated construction and coastal zone norms. Of these, 24 structures have already been demolished, while 111 have obtained orders requiring status quo to be maintained.
On Wednesday, the State’s counsel Manish Pable told the HC that some of its applications seeking that status quo orders be vacated had been dismissed. He also said that properties which did not have any court orders protecting them would be demolished within the next eight weeks.
At this, the Bench asked the lawyer if he was aware that case laws to prove ownership of land and encroachment exist and if any such laws were cited to get the status quo orders vacated. “Why do you hesitate to use the bulldozer (to demolish illegal structure) when you have orders in your favour?” it asked.
Questioning how rampant illegal construction could be permitted to continue, the HC said, “We live in a free nation, but free nation does not mean muft ka nation (A country where everything is free). This is like a loot here.”
The court directed the State to begin demolishing illegal properties that do not have any protective orders in their favour and to place on record the details of all status quo orders passed in favour of the illegal structures by the lower courts.
The HC has been hearing a public interest litigation filed by activist Surendra Dhavale, urging it to direct authorities to demolish unauthorised properties of “wealthy persons” along the beaches in Alibaug, since 2009. Such structures included a beachside bungalow owned by fugitive jeweller Nirav Modi which was demolished by the local authorities following previous court orders.
