The Bombay High Court has issued a directive to the Ulhasnagar Municipal Corporation (UMC), instructing it to take necessary action if it finds a structure allegedly linked to a former Shiv Sena corporator to be illegal. The order was passed by a bench of Justices Bharati Dangre and R N Laddha.
Petition Against Former Corporator
The court was hearing a petition filed in 2021 by Manoj Korade. Korade is the husband of Shital Korade, a Bharip Bahujan Mahasangh candidate who lost to Shiv Sena's Jyotsana Jadhav in ward 13 during the February 2017 UMC elections. The petition sought to declare Jadhav disqualified under Section 10 of the Maharashtra Municipal Corporation Act for allegedly undertaking illegal construction.
Korade's plea stated that the land in Parmar Chawl, Ambikar Nagar, belongs to the state government. He alleged that in 2018, after Jadhav began soil excavation work, he complained to the authorities. Despite this, a ground-plus-one floor structure was constructed without UMC permission, and Jadhav was reportedly residing in it.
Court's Observations and Directions
During the hearing on Tuesday, Korade's advocate, Laxman Deshmukh, conceded that since Jyotsana Jadhav's term as a corporator had ended, the plea to disqualify her was no longer relevant. However, he pressed for action against the allegedly illegal structure, urging the court to direct the UMC to demolish it.
The advocate for UMC stated that if Korade submitted a fresh representation, it would be considered. The bench observed that the corporation is duty-bound to act against any unauthorized or illegal construction. "We can only observe that if any structure is unauthorised or is illegal, the corporation is duty bound to take an action," the judges said.
The court directed Manoj Korade to make a fresh representation to the municipal commissioner if his grievance persists. It ordered the commissioner to "immediately look into the same, and if it is found to be illegal, it shall be followed by appropriate action."
Dispute Over Ownership
Jyotsana Jadhav's advocate, Jayant Bardeskar, raised a significant dispute regarding the property's ownership, claiming she is not the owner of the structure in question. The judges noted this "serious dispute" over ownership but clarified their order applies regardless.
They stated that if the structure is found to be unauthorized, the UMC must initiate action against its actual owner. This clarification ensures the civic body's responsibility is tied to the legality of the construction itself, not just the identity of the occupant at the time of the petition.
The case highlights ongoing tensions in local civic politics, especially as Jyotsana Jadhav is again contesting the upcoming civic elections on a Shiv Sena ticket. The court's disposal of the 2021 petition places the onus squarely on the municipal authorities to investigate and enforce building laws.
