In an important development that could hurt people involved in illegal constructions, the Bombay high court on Monday said that instead of waiting for aggrieved persons to come forward and lodge complaints, the Navi Mumbai police should take suo motu cognisance and file FIRs against builders responsible for illegal constructions.
The division bench of Justices A.S. Oka and V.L. Achiliya observed this when in a note to the court, the police said they have requested City and Industrial Development Corporation of Maharashtra Ltd (Cidco) to lodge a formal complaint in the case.
The court was hearing two different PILs by residents Rajiv Mishra and Mayura Maru raising concerns over illegal constructions in Navi Mumbai. The bench had last week also taken a strict view of the issue and said the police has to initiate criminal action against the builders.
Last week the state government had informed the court that it was planning to regularise all illegal constructions in Navi Mumbai, and said it would be framing a policy on this soon. The court had, however, said that even if such a policy is formed it should not be implemented until the court gives permission.
In the meantime, advocate Molina Thakure, who appeared for the police, informed the court on Monday that two complaints have been lodged against eight persons, of whom six are builders and two are agents.
When the judges were informed that the police has asked Cidco to file formal complaints, the bench demanded to know why somebody had to file a complaint. “Why do you (police) want some aggrieved individual to come and register an FIR Are the police helpless Why cannot you (police) initiate action on your own Is there nothing like taking suo moto action ”
The judges also said that once the police is aware that an offence has taken place, then suo moto cognisance can be taken.
The court noted that the police could use documents attached with the petitions to register FIRs.
