The court said that till such time, it could give the petitioner 10 days’ relief from demolition.
Mumbai: The Bombay high court has given relief to Shahjida R. Kundanmal who violated environmental and town-planning rules by constructing a bungalow on the Alibaug seashore. The court on Friday directed Kundanmal to approach another bench of the high court which passed the demolition order, and gave her 10-day relief from demolition.
A divison bench of Justice Shantanu Kemkar and Justice Sarang Kotwal was hearing the petition filed by Kundanmal, opposing the demolition action of Raigad collector, Dr Vijay Suryavanshi, who has started demolishing illegal bungalows that violate environmental and CRZ norms. Kundanmal’s counsel stated that her bungalow fell within the gaothan area and hence, the notice sent to her by the district collector under section 18 of the MRTP Act was not as per the law.
The public prosecutor told the court that the petitioner had violated CRZ norms and constructed her bungalow beyond the permissible area. The action of demolition was being taken on the order of another bench of the high court.
The court while hearing the argument made it clear that it would not listen to what happened in the 2010 petition but could only say that the petitioner go to another bench where the order for demolition was passed, and represent herself as a party in that PIL so she could put forth her grievances. The court said that till such time, it could give the petitioner 10 days’ relief from demolition.
Last week, another bench directed the divisional commissioner (DC) Konkan region, to initiate an inquiry into how come over 160 illegal private structures had been permitted along the Alibaug beach.
The court also directed the DC to submit a report within the next eight weeks, to the principal secretary, state revenue and forest department. The directions came after hearing a petition by activist Surendra Dhavale, stating that the authorities ignored construction rules and let rich people construct unauthorised bungalows along the seashore.