HC admits Petition challenging State’s amnesty Law aimed at regularising illegal constructions

June 29,2017:

State estimates that there are over 10 lakh such buildings.

Bombay HC paved way for a Navi Mumbai resident to challenge Maharashtra Government's new amnesty law for the pre-2015 illegal structures.

High Court Division Bench of Justice Abhay Oka and Justice Vibha Kankanwadi allowed Petitioner, Datta Mane, who had challenged the illegal constructions in Navi Mumbai to place before the court a draft of proposed changes he plans in his petition to challenge new law.

HC will hear case on June 30,2017.

In April,2017, State Legislature had passed an amendment to Maharashtra Regional Town Planning (MRTP) Act to enable the regularization of the unauthorised constructions before December 31, 2015.

State estimates over 10 lakh buildings will benefit, including over 50,000 in Mumbai which do not have occupation certificates, and about 2.5 lakh in Thane.

Fresh provisions allow the illegal structures to be regularised, if allowed under the Development Control Regulations, by paying the premium or penalty.

State had passed law, after HC had rejected the two drafts of amnesty scheme for the illegal buildings.

The Navi Mumbai Municipal Corporation had opposed the scheme stating in its affidavit that,"Such development has been carried out on the very narrow streets that may lead to disaster in event of any natural or man-made calamity. Even NMMC is unable to provide for fire, health and the ambulance services in such areas".