Recover cost of illegal structure demolition from owner: HC

The Bombay High Court today directed the BMC commissioner to issue a circular stating that cost incurred by the civic body on demolition of illegal structures shall be recovered from the owner or occupant of the said property.
The direction was issued by a division bench of Justices A M Khanwilkar and A P Bhangale during the hearing of a PIL filed by city-based NGO Awaaz Foundation, seeking demolition of an illegal structure in Manori in the city outskirts.
Brihanmumbai Municipal Corporation (BMC) lawyer S M Modale informed the court today that the structure was demolished after a notice was issued to the trust which had built the illegal structure.

The court then queried as to whether the cost incurred by the corporation for the demolition was recovered from the trust.
"Why should the corporation bear the financial brunt of demolishing structures illegally built by someone else. No wonder the civic body is suffering financial losses. In cases where the owner or occupant of the illegal structure is identified, cost of demolishing it should be recovered from them," Justice Khanwilkar said.
The court has directed the commissioner to issue a circular directing all officials concerned to initiate process to recover charges incurred by the corporation for demolition of illegal structures.

The matter has been posted for further hearing on April 4.