Nagpur Civic Authority Takes Action Against Unauthorized Constructions Following Judicial Intervention
In a significant development that highlights the intersection of judicial oversight and municipal governance, the Nagpur Municipal Corporation (NMC) has finally initiated proceedings to demolish unauthorized constructions in two prominent buildings within the city. This action comes after years of judicial concern and administrative inaction, with the Nagpur Bench of the Bombay High Court playing a pivotal role in pushing for compliance with building regulations.
High Court's Sharp Observations Prompt Civic Response
During a crucial hearing on Thursday, the civic body, represented by counsel Jemini Kasat, informed the court that it has issued formal notices to the owners of the buildings located opposite the Vidhan Bhavan in Civil Lines and another in Sadar. These notices direct the building owners to remove all illegal portions within a strict timeframe of 15 days. Should they fail to comply, the NMC has committed to carrying out the demolition on the 16th day, with the entire cost to be recovered from the owners themselves.
The directives emerged during the hearing of a petition filed by Vijay Babhre, which brought to light allegations of large-scale illegal construction and what was described as prolonged administrative apathy. A division bench comprising Justices Anil Pansare and Nivedita Mehta expressed clear displeasure over the delay in taking action, despite clear findings that substantial portions of these structures were unauthorized. The judges pointedly questioned why no effective measures had been implemented for nearly 11 years, characterizing this delay as both "serious" and unjustified.
Detailed Demolition Notices and Specific Violations
Earlier, the High Court had directed the civic body to make a concrete decision in accordance with the law by January 21. In response, the NMC issued a detailed demolition notice on January 13 specifically for the Civil Lines building opposite the Vidhan Bhavan. According to this notice, the unauthorized construction includes:
- More than 510 square metres of illegal construction
- 123 square metres in the basement area
- Approximately 127 square metres from the first to eighth floors on the north side
- Nearly 40 square metres on the first floor
- Over 1,000 square metres of an additional service floor
For the Sadar building, the civic body identified multiple violations, including:
- A 1,298-square-metre parking area constructed without authorization
- Over 1,494 square metres built outside the designated plot boundary
- 1,175 square metres on the seventh floor
- An additional structure exceeding the permissible height by 3 metres
Security Concerns and Historical Context of the Case
The petition highlighted that the high-rise building opposite the Vidhan Bhavan has been under scrutiny since 2016 for serious construction irregularities. Beyond violations of standard building norms, the petitioner raised significant security concerns, arguing that the building's height and strategic location posed a potential risk to sensitive establishments such as the Vidhan Bhavan and the Reserve Bank of India.
In an affidavit submitted to the court, the NMC traced the complex history of this case back to 2004, when a notice under Section 53 of the Maharashtra Regional and Town Planning Act was initially issued. This notice declared the seventh floor of the Civil Lines building completely unauthorized. The legal dispute eventually reached the Supreme Court, which settled the matter on November 27, 2015, yet implementation remained stalled until the recent judicial intervention.
This case serves as a critical example of how judicial pressure can catalyze municipal action against unauthorized constructions, particularly when such structures potentially compromise both regulatory compliance and public security. The NMC's belated but decisive response underscores the importance of timely enforcement of urban planning laws in India's rapidly developing cities.
