"Rule of law prevails or rule of muscle power," asks HC on plea over illegal constructions

The court directed the CIDCO to adopt all necessary legal measures to remove unauthorised constructions made on the petitioners` land within a period of one week. File Pic

The Bombay High Court has questioned whether the rule of law or muscle power dominates in the state, criticising CIDCO, the government's city planning agency, for its inaction against illegal structures on a plot of land in Navi Mumbai.

A division bench of Justices AS Gadkari and Kamal in the order passed earlier this month said the City and Industrial Development Corporation (CIDCO) authorities were not desirous of taking stringent action against unauthorised constructions.

The CIDCO reported to the court that their efforts to take legal action against the illegal structures were met with threats from the sarpanch of Bokadvira village.

The bench then stated that officers, while performing their lawful duties, are entitled to get sufficient police protection, and it is the duty of the authorities to prevent illegalities and establish the rule of law, reported PTI.

"We fail to understand, as to whether we live in a State where the rule of law prevails or the rule of muscle power prevails," the HC said, reported PTI.

The threats extended by the sarpanch of Bokadvira village cannot be countenanced in a democratic state, as the CIDCO officers are performing their lawful duties, it added.

The court was hearing a petition filed by a couple in 2016, seeking a direction to the CIDCO to demolish the unauthorised structures erected by one Deepak Patil on their land in Navi Mumbai.

As per the plea, the illegal structures (shops) have been constructed on 123 sq metres of the land owned by the petitioners.

The court directed the CIDCO to adopt all necessary legal measures to remove unauthorised constructions made on the petitioners' land within a period of one week.

"As the officers of CIDCO have expressed threat to their life and/or opposition or protest from the sarpanch of Bokadvira gram panchayat, we direct the Navi Mumbai Commissioner of Police to provide sufficient and adequate police protection to the officers," the bench said, reported PTI.

The bench took note of the affidavit submitted by the CIDCO in 2022, confirming the structures were unauthorised.

Despite this, in the last decade, no pains have been taken by the CIDCO to take legal action against the illegal structures, the HC said.

"CIDCO is established to have planned development in the State. Navi Mumbai is also established to have a planned, developed city of the 21st century," the court noted. reported PTI.

However, the action of the CIDCO officers indicates that they are bent on frustrating the intention of the state to have a planned development, the HC said.