BMC's demolition work : The legal aspects

Srishti Sharma

17 Sep, 2020

Lately, the properties of actress Kangana Ranaut and fashioner Manish Malhotra have gone under the Brihanmumbai Municipal Corporation's (BMC) scanner for supposed unlawful changes.

Lately, the properties of actress Kangana Ranaut and fashioner Manish Malhotra have gone under the Brihanmumbai Municipal Corporation's (BMC) scanner for supposed unlawful changes. BMC's activity against illicit developments is fundamentally founded on grievances from individuals or any unapproved work distinguished by city staff during routine assessments. Any deviation from endorsed plans can be considered "unlawful". Notwithstanding, with regards to activity against unlawful developments, presence of two equal laws and uncertainty on utilizing them offer capacity to officials to choose which law ought to be applied in a specific case.

The BMC either conjures the Mumbai Municipal Corporation (MMC) Act, which was consolidated before Independence in 1888, or the Maharashtra Regional and Town Planning (MR&TP) Act while serving sees for illicit changes.

The laws permit just "tenantable repairs" in a previously developed structure for which consent from the BMC isn't needed. For some other change separated from those recorded as "inhabitable fixes", BMC's consent is required and without such authorization the work is regarded unlawful. "tenantable repairs" incorporate putting, painting, changing floor tiles and fixing washrooms. Nonetheless, any change in existing level and vertical components of the structure and substitution or expulsion of any basic pieces of burden bearing dividers is regarded illicit.

In April 2013, according to a correction made in the Maharashtra Regional and Town Planning (MR&TP) Act, 1966, the BMC affected changes in the working of aide engineers (building and manufacturing plant) of neighborhood ward workplaces. These 'assigned officials' have been offered capacity to handle mushrooming illicit developments in the city and in the event of no activity against unapproved developments the 'assigned officials' are considered capable.

There are two sections under both MMC Act and MR&TP Act under which the BMC issues takes note. Under Section 354 (An) of MMC Act, the BMC issues 'stop work notice' for continuous unapproved development. However, on the off chance that urban staff identifies illicit development that has been finished, at that point notice is given under Section 351 of MMC Act.

Notice is additionally served under Section 53 (1) and 55 (1) of MR&TP Act against unlawful option and modification in existing structure and change of utilization of land and unapproved transitory turn of events, individually. While in 53 (1) occupier or proprietor of premises is given one month to answer, in 55 (1) it is 15 days. Not at all like MMC Act, in MR&TP Act the whole cycle assumes control longer than a month. Likewise, in MR&TP, regularization of unlawful development if conceivable should be possible under the Development Control Rules. Another distinction is, if notice is served under MR&TP and on the off chance that the proprietor neglects to give reports, at that point FIR can be recorded and the individual sent to prison with punishment.

The MMC Act is more utilized in instances of illicit developments. An associate architect (building and plant) from the eastern rural areas clarified that in the past courts had pulled up the city body for 'delaying action' on illicit developments.
The BMC on Thursday told the Bombay High Court that entertainer Kangana Ranaut had been completing "substantial alterations" in her Bandra property "contrary to the sanctioned plan" and its activity of destruction of these structures was defended and with no "malafide".

The court proceeded to defer the issue for additional conference on September 22 after Ranaut's insight Rizwan Siddique looked for time to react to the BMC testimony. The court's structure limiting BMC from undertaking further destruction work at the property will proceed till at that point.

The HC had on Wednesday remained the destruction of supposed unapproved structures at Ranaut's Pali Hill office, hours after the BMC had begun the activity. The court had said the BMC's activity "at first sight doesn't give off an impression of being bonafide and resembles malafide" and guided the metro body to document an affirmation in light of Ranaut's request looking for interval alleviation of remain on the destruction work.

In its answer, the urban body on Thursday said that the entertainer had made "bogus, outlandish, ridiculous charges", including those of "badgering" and "malafide", and she ought not be allowed to look for insurance for such "unlawful work" by moving toward the HC.