'Rule of law or muscle power?' Bombay HC on plea over illegal constructions

Does the rule of law or rule of muscle power prevail in the state, the Bombay High Court has asked, while criticising the government's city planning agency CIDCO (City and Industrial Development Corporation) for failing to act against illegal structures on a plot of land in Navi Mumbai.

A division bench of Justices A.S. Gadkari and Kamal in the order passed earlier this month said the CIDCO authorities were not desirous of taking stringent action against unauthorised constructions.

CIDCO informed the court that when they had tried to initiate legal action against the illegal structures, they were threatened by the sarpanch of Bokadvira village.

The bench then said officers while performing their lawful duties are entitled to get sufficient police protection, and it was the duty of the authorities to prevent illegalities and establish rule of law. “We fail to understand, as to whether we live in a State where rule of law prevails or the rule of muscle power prevails,” the HC said.

The threats extended by the sarpanch of Bokadvira village cannot be countenanced in a democratic state, as 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 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. m of land owned by the petitioners.

The court directed 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.

The bench took note of the affidavit submitted by CIDCO in 2022, confirming the structures were unauthorised. Despite this, in the last decade, no pains have been taken by 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.

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