HC raps NMC over ‘selective’ bulldozer action, gives final deadline to clear encroachments

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Nagpur: Delivering a sharp rebuke to the Nagpur Municipal Corporation (NMC), the Nagpur Bench of the Bombay High Court on Tuesday questioned the civic body’s “selective” approach towards illegal constructions, observing that its bulldozers appear to move swiftly in some cases while remaining conspicuously inactive in others.

Hearing a Public Interest Litigation (PIL) filed by residents Dr Lalit Harode, Aseem Boradiya and Mridula Phadke over alleged encroachments on stormwater drains in Shankar Nagar and Bajaj Nagar, a Division Bench of Justices Urmila Joshi-Phalke and Nivedita Mehta expressed strong displeasure over the NMC’s failure to act despite earlier judicial directions.

The court remarked that while the civic body often demolishes unauthorised structures within 24 hours in certain cases, it was now seeking an additional 10 days to remove illegal constructions raised over drains by hotel and lawn operators.

The Bench viewed the contrasting approach as a serious and questionable inconsistency, asking why the same urgency was missing in the present case.

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Appearing for the NMC, Advocate Gemini Kasat submitted that the civic body required about 10 more days to demolish the encroachments.

However, Senior Advocate Akshay Naik, assisted by Advocate Parth Malviya for the petitioners, strongly opposed the request, arguing that the NMC routinely deploys bulldozers without delay in other unauthorised construction cases and therefore had no justification for seeking additional time.

Naik further urged the court to ensure that the authorities do not stop merely at demolition. He requested directions for construction of a retaining wall after the encroachments are cleared to prevent fresh illegal occupation of the drainage channel.

The High Court also noted that hotel and lawn owners had allegedly constructed three unauthorised bridges and mud embankments across the drainage channel in the Shankar Nagar-Bajaj Nagar area.

The Bench pointed out that it had already directed the NMC in May this year to initiate action against the illegal structures. Despite those directions, the civic body had failed to comply or provide any satisfactory explanation for the delay.

Expressing serious dissatisfaction with the NMC’s conduct, the court granted the civic body one final opportunity and directed it to remove the illegal constructions by August 12 and place a compliance report before the court at the next hearing.

The petitioners also raised concerns over alleged illegal activities at several hotels and lawn establishments in the area.

According to the PIL, some establishments allegedly permit liquor consumption on their premises, while patrons create noise and disturbances late into the night, causing inconvenience to nearby residents.

The petition further claims that local citizens who object to such activities are often met with arguments, intimidation and threats.

The High Court is expected to review the NMC’s compliance with its directions at the next hearing, with the civic body now under judicial scrutiny to demonstrate that its enforcement actions are impartial and in accordance with the law.

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