NEETU MAKHIJA Vs. ULHASNAGAR MUNICIPAL CORPORATION

JUDGEMENT

(1.) By this Petition under Article 226 of the Constitution of India, the Petitioner seeks a direction to the Ulhasnagar Municipal Corporation ('UMC") to forthwith take action of demolition of the illegal and unauthorized construction carried out by Respondent No.2 on the subject property near the premises of the present Petitioner.

(2.) The Petitioner is a resident of BK No.214, Room No.1 at Bewas Chowk, Ulhasnagar No.1. The barracks on the subject property were consisting of six rooms out of which some rooms were demolished and new construction is being carried out. The illegal construction has caused heavy water leakage to her property. Despite addressing multiple communications to UMC, no action has been taken against the developer-Respondent No. 2. No permissions are obtained by the Respondent No.2 for construction of the structure. Apparently, Respondent No.2 has also encroached on the adjoining property for construction. The Petitioner is undergoing mental trauma on account of this menace and threats given by Respondent No.2. However, despite complaint lodged against the Respondent No.2 on 28 th August 2024 and follow-ups, no assistance from the Police Authorities was received by the Petitioner or action taken against the Respondent No.2. The UMC's response to Petitioner's RTI Application reveals that the structure constructed is unauthorised. For lack of response from UMC coupled with the acknowledgement that the structure is illegally being constructed, the Petition was filed on 24/11/2024.

(3.) Mr. Rao, learned Advocate for the Petitioner draws our attention to the photographs annexed and the letter addressed by the UMC dtd. 24/9/2024 which clearly reveals that the construction carried on next to the Petitioner's property is without any permissions. He submits that the Respondent No.2 is politically influential and therefore the State Authorities i.e., the UMC and the police are refusing to take action against the illegal construction. Therefore, this Court must direct the UMC to demolish the same.