Six-yr-old State directive on building sites revived

He has also demanded that henceforth the civic body should clearly mention on the commence certificate of all new constructions that the State Government directive on the information board display must be followed, and that failure would lead to revocation of the commencement certificate.

In their common order on writ petition 1344 of 2000 filed by BEAG and others and 656 of 2000 filed by Suresh M Talera and others, against some constructions in Koregaon Park, a division bench of the High Court comprising Chief Justice B P Singh and Justice N J Pandya on April 27 had directed that respondent property owners will not create third-party rights “without leave of this court in respect of the construction.”

Their lordships also ruled that such of the respondents who had already raised the construction or who have commenced construction may continue with the construction subject to their giving an undertaking to the court in writing that in the event of the petitions succeeding and an order being passed against them, “they shall, without claiming any equity, demolish the offending structure within a period of three months from the date on which an order is passed.”

Besides, fresh construction will not be allowed by the respondents “pursuant to any no-objection certificate or commencement certificate granted by the authority” pending disposal of the petitions.

Mehta told The Indian Express that the letters on the information boards with a reminder on the six-year-old mandatory directive of the State Government was sent to the PMC in order to create awareness among the people on the salient points of the High Court, particularly that no third-party rights would be created on the properties under dispute till the disposal of the petitions.

And since the State directive on information boards, anyway, applied to constructions all over the State, the PMC was asked to enforce it all over the city, not just in Koregaon Park.

The BEAG by their petition had challenged the development on plots nos 2, 19, 27, 35, 62, 92-93 and 122/1 in Koregaon Park. Suresh Talera by his independent petition had challenged the developments on plot nos 2, 7-8-9 (Inlaks Hospital), 27, 35, 62 and 73. Talera has filed a special leave petition in the Supreme Court against the High Court order regarding the three plots — 7,8 and 9, under Inlaks Hospital.

Mehta in his letter to PMC deputy city engineer Thorat has given details of various constructions underway in Koregaon Park which he contended flouted various rules including the special development control rules applicable to the plots falling in the Koregaon Park scheme.

By another letter, Mehta has called upon the Municipal Commissioner Ratnakar Gaikwad to verify the position of such construction in Koregaon Park and “ensure that the orders of the High Court are immediately implemented and given effect to.”