Nagpur Civic Body Finally Acts on Illegal Construction After Two Decades of Inaction
In a significant development that highlights years of administrative negligence, the Nagpur Municipal Corporation (NMC) on Thursday initiated the demolition of unauthorized shops constructed in the basement of Poonam Chambers in Byramji Town. This action comes after nearly two decades of delay, with the civic body moving only following sharp reprimands from the Nagpur bench of the Bombay High Court.
Judicial Pressure Forces Long-Overdue Action
The demolition drive was launched by NMC's Mangalwari zone even as a petition involving multiple violations of development control norms remains under judicial scrutiny. During recent hearings, the High Court pulled up the civic administration for its prolonged inaction and sought details of officials responsible for failing to act against the illegal structure.
"The extraordinary delay in enforcement raised serious questions about municipal accountability," noted a senior official familiar with the case. "A Mangalwari zone senior official confirmed that the first notice for illegal construction at Poonam Chambers was issued in 2004. Despite repeated violations being on record, no effective demolition action was taken for nearly 20 years."
Demolition Begins Amid Legal Complications
The action was supervised by Mangalwari zone assistant commissioner and deputy commissioner Ashok Garate, anti-encroachment squad chief Harish Raut, and superintendent Sanjay Kamble. However, within hours of the demolition beginning, five shop owners secured a 24-hour interim stay from the High Court, bringing action to a halt for 11 shops while demolition of other unauthorized shops continued.
The present action is based on notices issued on August 26, 2024, to builder N Harchandani alias N Kumar and other shop owners under Section 53 of the Maharashtra Regional and Town Planning Act, 1966. These notices directed removal of unauthorized construction within a month.
Substantial Violations Uncovered
According to NMC records, the violations at Poonam Chambers are substantial and systematic:
- 70 shops built over 1,298.40 square meters of sanctioned parking space in the basement
- Excess construction of 1,494.6 square meters beyond approved limits
- Unauthorized construction of 1,175.42 square meters on the seventh floor
- Construction exceeding the permitted height by three meters
The notice states that the building, sanctioned on April 12, 1996, was constructed far beyond approved limits, violating core conditions of the sanctioned plan. NMC also warned that failure to comply would result in demolition at the builder's cost.
Operational Challenges During Demolition
On Thursday, the demolition was carried out amid tight police security, with NMC's riot control unit deployed to maintain order. Over 30 civic staff, JCBs, and trucks were pressed into service for the operation.
"As heavy machinery could not access the basement, illegal structures had to be dismantled manually," explained an official present at the site. "Power supply was temporarily cut during the operation, inconveniencing occupants and drawing crowds of onlookers curious about the long-delayed action."
Legal Protection for Some Shop Owners
The High Court granted a 24-hour interim stay to shops owned by:
- Vinod Duseja (shops 11, 12)
- Pravin Duseja (shops 13, 14)
- Diksha Duseja (shops 15, 16)
- Ritu and Naveen Duseja (shops 17, 18)
- Ritu Duseja and Anuja Chhajed (shops 44, 45, 46)
This partial stay highlights the complex legal landscape surrounding unauthorized constructions in urban areas, where enforcement actions often face immediate legal challenges from affected parties.
Systemic Failure in Municipal Governance
The case exposes systemic failures in municipal governance and enforcement mechanisms. When asked why the civic body failed to act for nearly two decades, officials offered no satisfactory explanation, though they cited ongoing litigation as a reason for delayed enforcement—an excuse that failed to impress the High Court.
"The Bombay High Court openly criticised NMC's reluctance to act against clear violations," noted a legal expert familiar with urban development cases. "This pattern of delayed enforcement raises questions about whether political or other pressures prevented timely action against illegal constructions that have been documented for years."
The Poonam Chambers case serves as a stark reminder of how unauthorized constructions can persist for decades due to administrative inaction, only receiving attention when judicial intervention forces municipal authorities to fulfill their statutory responsibilities.
