Bombay HC Highlights The Negative Impact Of Increasing Unauthorized Construction Projects On Public Infrastructure.
Last Updated on September 12, 2024 by NewsDesk SLC
The Bombay High Court has recently denied anticipatory bail to a man, highlighting the negative impact of increasing unauthorized construction projects on public infrastructure.
A single-judge bench led by Justice RN Laddha was reviewing a pre-arrest bail application submitted by Mahesh Kumbhar, who faces charges under the Bharatiya Nyaya Sanhita, 2023, and the Maharashtra Regional and Town Planning Act, 1966. On July 27, 2024, the four-story ‘Indira Niwas building, which housed seventeen flats and three shops, unexpectedly collapsed, trapping three people who later died from their injuries in the hospital.
An investigation conducted by a Junior Engineer from the Navi Mumbai Municipal Corporation revealed that the building was constructed without proper authorization and violated the MRTP Act. Further inquiries indicated that both the applicant and co-accused Sharad Waghmare knowingly built the structure using substandard materials, compromising its structural integrity and endangering the lives of its residents. The applicant argued that he merely financed the construction of the building in 2009, claiming that his partner, Vijay Gawade, was solely in charge of its construction and management.
The Additional Public Prosecutor representing the state contended that the applicant was accountable for the construction activities and had ignored notices from the Corporation to demolish the unauthorized structure. The high court noted that the flats were rented out, and the applicant benefited from this arrangement, asserting that as a landlord, he was responsible for the building’s construction, upkeep, and repairs. Consequently, the high court dismissed the pre-arrest bail application, emphasizing the need for a comprehensive investigation to clarify the circumstances surrounding the building’s construction.
A comprehensive investigation is essential to reveal the details surrounding the building’s construction and its extended period of unauthorized status. The increasing number of unapproved construction projects negatively affects public infrastructure. It drains resources and significantly endangers public safety. The lack of appropriate legal approval and professional guidance during construction, along with regular inspections after completion, can lead to disastrous outcomes such as building collapses. The repercussions are grave, leading to loss of property and lives. Once a life is lost, it becomes an irreversible tragedy,” the order states.
Case Title: Mahesh Motiram Kumbhar vs State of Maharashtra (ABA/2432/2024)
