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This is an archive article published on October 6, 2012

Explain illegal structures,HC tells Ulhasnagar civic body

Justices V M Kanade and Rajesh Ketkar issued the order on Thursday after the Maharashtra government informed HC it had appointed the director of town planning in Pune to probe the alleged illegal constructions.

The Bombay High Court (HC) has directed Ulhasnagar Municipal Corporation in Thane district to file an affidavit within four weeks stating what action it had taken against 110 illegal constructions sanctioned by the then town planner in 2010.

Justices V M Kanade and Rajesh Ketkar issued the order on Thursday after the Maharashtra government informed HC it had appointed the director of town planning in Pune to probe the alleged illegal constructions.

The court was hearing a PIL alleging rampant corruption in the corporation and claiming on the basis of an RTI reply that 110 plans were sanctioned illegally in 2010 in Ulhasnagar,a colony of displaced persons from Sindh in Pakistan who migrated after Partition.

On another PIL in 2005,HC had ordered demolition of 855 buildings in the town come up in violation of development control (DC) and FSI rules.

The present PIL filed by Ravi Talreja and Hardas Tharwani alleges that then town planner A P Gurgule,in collusion with civic officials,granted permission or regularised 110 unauthorised structures in contravention of DC rules.

Counsel for the petitioners Jaiwant Chandnani argued the town planner went beyond his powers to sanction the plans and prayed for a probe by an independent agency. A civil court in Ulhasnagar had issued notices to the town planner and some municipal officials on February15,2010,for alleged mischief and forgery. After a few days,the state government transferred Gurgule to Pune.

The town planner then went on leave from October 19,2010,to November 4,2011,and it was in this period that he allegedly granted the illegal permissions,the petition said on the basis of information gathered through RTI.

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It was further alleged that criminal cases had been registered against Gurgule. He then absconded and applied for anticipatory bail in HC,which was rejected.

The petitioners said they had learnt through RTI that Gurgule sanctioned 110 illegal constructions during his tenure or when he was on leave and claimed no inquiry was conducted by the government despite several pleas by the authorities.

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