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HC: why no action against illegal Alibaug bungalows

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Nirav Modi’s bungalow among the 145 unauthorised CRZ constructions; authorities to reply in 4 weeks

The Bombay High Court on Tuesday asked why no action has been taken against 145 unauthorised bungalows, including one belonging to fugitive diamantaire Nirav Modi, at Alibaug.

A Division Bench of Justices Abhay Oka and Riyaz Chagla was hearing a public interest litigation (PIL) filed in 2009 by Sambhuraje Yuvakranti of Akhil Bhartiya Maratha Seva Sangh. The PIL focuses on the failure of the State government and Union of India to take action against bungalows and illegal houses constructed in coastal regulation zone (CRZ) areas. Information obtained under the Right to Information Act revealed that there were 145 cases of construction and violation of the CRZ notification in Alibaug taluka, Raigad district, and no action was initiated against any of them. The bungalows belong to senior lawyers and celebrities, among others. The court was informed that Mr. Modi was granted permission for construction of a 400 sq-m bungalow, but the area is more than 1,000 sq m. The petitioner told the court the sub-divisional officer and collectors have turned a blind eye to most violations.

The court has directed the collector and sub-divisional officer to file an affidavit in four weeks, stating why he failed to carry out demolition or other remedial measures against such bungalows, despite previous orders. “In Nirav Modi’s case, illegal construction over 695 sq.m. has been protected by the authorities,” said the judges. “In some other cases, too, the sub-divisional officer has failed to initiate action. Prima facie, large-scale illegal constructions exist in the area.”

On February 18, the court had said, “There is hardly any action by the State and Union. We direct the district collector, Raigad, to call for the records of all such cases and ascertain why action of demolition has not been carried out.”

On April 9, 2018, information was given to the district collector, Raigad, that there are CRZ violations in respect to more than 160 constructions. The court subsequently directed that the Maharashtra Coastal Zone Management Authority be made a party in the petition.