HC raps MCGM for building illegal wall at dumping ground

The Bombay High Court today rapped Municipal Corporation of Greater Mumbai (MCGM) for constructing an illegal compound wall around the Kanjurmarg dumping ground in blatant violation of Coastal Regulation Zone (CRZ) rules.
The court also inquired from the civic body when it will demolish this structure.
Hearing a petition filed by MCGM, a bench of Chief Justice D H Waghela asked the petitioner to inform on April 25 when it would demolish the illegal wall and instead put up fencing around the dumping ground in suburban Kanjurmarg.
The court was hearing a petition filed by MCGM challenging a 2013 order of the central government, which had asked the civic body to demolish the compound wall as it fell under the CRZ.

Under the rules, construction is totally banned in an area, which falls under CRZ.
The MCGM counsel admitted that the compound wall was illegal, but justified it saying this was the only dumping ground in the city and it had constructed the wall as it wanted to protect the area from encroachment and illegal occupation of the land by the anti-social elements.

"Because of the wall, there are no encroachments and the land is free from anti-social elements," the civic body said.
The high court, however, was of the view that the wall was illegal and this was admitted by the civic body. Hence, it should be demolished forthwith in keeping with the CRZ rules.

The court also wanted to know as to why the civic body was challenging the central government order, which asked it to demolish the wall when it was an admitted position that it was illegal.
"You have violated the rule of CRZ (by constructing the wall) and now you want to challenge the order, which had asked the civic body to demolish the wall," said the bench.
MCGM Senior Counsel S U Kamdar told the court that the civic body had approached Maharashtra Coastal Zone Management Authority (MCZMA) to regularise the compound wall and its application is still pending with them.