Nagpur High Court Directs Builder to Deposit ₹41.37 Lakh for Illegal Demolition Costs
In a significant ruling, the Nagpur bench of the Bombay High Court has issued a firm directive to builder N Kumar, ordering him to deposit a substantial sum of ₹41.37 lakh within a strict two-week timeframe. This payment is mandated to cover the comprehensive costs associated with the demolition of unauthorized constructions at two prominent locations: Poonam Chambers and Poonam Tower in Nagpur.
Court Order Based on Detailed Civic Estimates
A division bench comprising Justices Anil Pansare and Nivedita Mehta delivered this order after meticulously reviewing detailed cost estimates submitted by the Nagpur Municipal Corporation (NMC). The civic body provided a thorough breakdown, indicating that ₹31.4 lakh is required for the removal of illegal structures at Poonam Chambers, situated in the cantonment area, while an additional ₹9.97 lakh is necessary for demolition work at Poonam Tower, located near Vidhan Bhavan.
Background of the Legal Dispute
The court's decision follows petitions filed by Kumar and his firm, which challenged the demolition notices originally issued by the NMC. In earlier proceedings, the High Court had directed the municipal corporation to proceed with the demolition and submit a comprehensive estimate, copies of which were duly shared with the petitioner. Acting on these judicial directions, the NMC initiated the demolition process, and a substantial portion of this work has already been completed.
The civic body informed the court that nearly 80% of the demolition work in the parking area of Poonam Chambers has been successfully executed, with the remaining operations currently in progress. The NMC assured the bench that the entire demolition exercise would be conclusively finished by April 10, 2024. Consequently, the matter has been scheduled for further hearing on April 16, 2024.
Failure to Honor Written Undertaking
During an earlier hearing, the judges noted with concern that the petitioner had provided a written undertaking to the court, committing to remove the illegal constructions voluntarily. However, Kumar failed to honor this assurance, leading to judicial intervention. The bench explicitly stated that the issue of non-compliance would be examined at a later stage, while reiterating its directive to the civic body to ensure the complete demolition of the unauthorized structures.
Origins in Public Interest Litigation
This case originates from an original public interest litigation (PIL) filed by Vijay Babhare, who alleged that the multi-storey building—long embroiled in controversy—was constructed with serious irregularities. The petition highlighted that these illegal constructions posed a potential security threat to nearby critical installations, including Vidhan Bhavan and the Reserve Bank of India building. Tracing the dispute back to 2016, the petition firmly termed the construction illegal and persistently sought its demolition, culminating in the current court proceedings.
The High Court's order underscores the judiciary's commitment to upholding urban planning laws and ensuring accountability in construction practices, setting a precedent for similar cases involving unauthorized developments.
