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NEW DELHI: The fate of thousands of illegal structures in Maharashtra hangs in the balance as the SC on Friday entertained the state’s appeals against a Bombay HC order modifying the law to disallow power with state authorities to regularise illegal structures.
But creating uncertainty, a bench of CJ Ranjan Gogoi and Justices Deepak Gupta and Aniruddha Bose refused to stay the HC’s November 2, 2018, judgment that read down Section 52A of the Maharashtra Regional Town Planning (MRTP) Act disabling compounding of unauthorised developments contrary to the provisions of Development Plans/Regional Plans.
The HC had ruled that “by exercising the power under Section 52A, unauthorised development which is contrary to the provisions of the Development Plans/Regional Plans under MRTP Act and the Development Control Regulations framed under the MRTP Act shall not be declared as a compounded structure”.
Appealing against the HC order, the state told the bench that if the HC decision was given effect to, thousands of buildings even with slight illegality would have to be demolished and this would create chaos in the state. But the bench said, “ Violations of law and illegal structures seeking to be regularised should ordinarily not be permitted. There will also be chaos if thousands of structures are allowed to be constructed illegally and then regularised.”
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