Maharashtra State decides to take strict action against illegal constructions:

Keep going on with illegal constructions in the municipal council limits will now on be hard not only for the such Builders and promoters, but also going to be costlier for civic officials and the local police station head in whose jurisdiction the illegal construction has taken place.

To check the rampant unauthorized constructions across Maharashtra, the state government brought about a new law to penalize the designated officer who permits such illegalities.

In both the Houses of the Mahrashtra State legislature “the Maharashtra Municipal Corporations, Municipal Councils and Maharashtra Regional and Town Planning (Amendment) Act,2010” has been approved. The said amended Act is also available on this website.

As per the provisions of the amended Act, a designated officer will be appointed to ensure that there are no unauthorized constructions in the jurisdiction of the respective municipal corporation, council, panchayats and industrial townships.

The Amended law specifies that if the officer fails to take action, he may face imprisonment for one month and/or a fine of Rs 25,000.

The state had also decided to set up special courts in the area of municipal corporations with the approval of the high court to ensure speedy trial of offences under municipal laws and the Maharashtra Regional Town Planning Act under which action is taken to demolish illegal structures.

As per Minister for the state for urban development Mr. Sachin Ahir, to ensure that the Act is effective, the government has already sanctioned the deputation of an additional commissioner of police or deputy commissioner of police to the municipal corporation, said Ahir, explaining that the municipal commissioner can decide who the designated officer should be.

This is being done so that blame is not passed around, and a person is held responsible, said Ahir. The government also admitted the failure of various agencies to stop the growth of unauthorised constructions.

In the past, the government has sanctioned proposals of holding the local assistant municipal commissioner and the police inspector of the local area to be responsible for unauthorized constructions in areas under their jurisdiction.

Link to Maharashtra Act No. II of 2012

For any further query/procedure on this issue, please feel free to contact:


Ibrahim Deshmukh
Senior Legal Consultant

ibdesh@gmail.com

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