On Monday, the Bombay High Court took action by appointing a court receiver to examine an illicit, four-story building in Ghansoli, Navi Mumbai. The court emphasized that unauthorized construction in municipal corporation areas cannot be condoned.

A court receiver is an official appointed by the High Court to carry out the duties of a receiver as stipulated in the Code of Civil Procedure.

A division bench comprising Justice Gautam Patel and Justice Kamal Khata has instructed the court receiver to conduct a thorough examination of the illegal building known as Om Sai Apartments in Ghansoli. This building is alleged to have been constructed without obtaining any necessary permissions from the Navi Mumbai Municipal Corporation (NMMC).

Furthermore, the court receiver has been tasked with visiting each of the apartments within the building, which are currently occupied by 29 families. Their mission is to compile a list of occupants and to collect copies of the documents that these individuals claim grant them rights to their respective residential units, parking spaces, garages, and other areas.

Apprehending that the occupants might move civil court and obtain interim protection orders; the bench has restrained the lower courts from acting on any such litigation. “Until further orders, no civil court will entertain or proceed with any civil suit in respect of the structure in question or any apartments therein,” the bench said.

Case Brief - 

The court was hearing a petition filed by Monish Patil, a local resident, seeking the demolition of the illegal building. The Court in its judgement held that he had no locus standi to file the writ petition and seek demolition of the building with which he was not at all concerned, and therefore dropped his name as petitioner and instead converted the petition into a suo-motu proceeding.

Advocate Tejas Dande counsel for NMMC said that no permission whatsoever had been obtained for the construction of the building and that the civic body would take necessary action if adequate police protection was provided.

The court has also joined Maharashtra State Electricity Distribution Company Ltd (MSEDCL), as a party respondent to the proceedings to know from the state-run electricity supplier, how electricity connection was provided to the thoroughly unauthorised structures.

The court also sought an explanation from the NMMC as to how on one hand it was saying the building was completely illegal and on the other hand providing water supply to the unauthorised structure. “The two positions cannot be reconciled at this stage,” the bench said