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- by Parinda Bureau, January 27, 2006, 14:40 IST
THE Bombay High Court on Wednesday stayed all demolitions in Ulhasnagar for 18 months, revising its earlier order in view of the ordinance promulgated by the Maharashtra Governor to regularise certain illegal and unauthorised buildings that had come up till January 1,2005.
However, the court did not spare the government. If demolitions could take place in Delhi, why not in Ulhasnagar, the bench asked.
Hearing the matter for the first time since the ordinance was promulgated; Justices R M Lodha and A V Mehta stayed the demolition of 855 buildings.
However, the court ordered that action initiated against the builders and government officials should continue. The state informed the court that the ordinance had been issued to regularize the illegal structures in Ulhasnagar on certain conditions and added that it would take 18 months for the authorities to complete the process of identifying the structures. In view of the submission, the court stayed its earlier order for 18 months.
Taking the state government to task over its stand, the court questioned the special treatment being given to Ulhasnagar. The benefit of the government's decision should be extended to the entire state and not limited to a region, the Bench observed.
The judges said the purpose of appointing the Nandlal Committee to probe illegal constructions in the town had been defeated. On the state government contention that it feared a law and order problem in implementation of the earlier court directives, the Bench said that in such a case the government should hand over the State to someone who can maintain law and order.
Justice Lodha said that the State should formulate a rehabilitation policy instead of regularizing illegal structures. He also cited the example of the national capital, where illegal buildings were being demolished. It was shameful that the state had not implemented the court's decision in Ulhasnagar, Lodha said.
The law-breakers are protected by law makers, the court commented. The court also directed the Principal Secretary in urban development department to submit the report of Nandlal Committee, along with the action taken report. The bench also asked the Principal Secretary to submit a copy of the report of the enquiry by the Director General (Anti-Corruption Bureau) related to Ulhasnagar Municipal Corporation, as referred to it by the Nandlal Committee.
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