Court unhappy with Ulhasnagar ordinance

A division bench of the Bombay High Court expressed unhappiness over the state government's ordinance to regularise illegal constructions in Ulhasnagar.

The bench headed by Justice R M Lodha, directed the principal secretary in the urban development ministry to personally monitor the execution of its earlier order to demolish 855 illegal structures in the suburban town.

This is for the second time in a span of three days that the state government has found itself in an awkward position in the ordinance issue. Earlier this week, Governor SM Krishna had returned the ordinance, questioning its legality.

"No piece of legislature can overturn the judgment of law unless the court reconsiders the matter itself," the court observed during the hearing.

The court also expressed its displeasure on the slow implementation of its order and directed the principal secretary to monitor the drive and submit the progress report by January 24.

On Wednesday, the Ulhasnagar municipal commissioner had submitted an affidavit saying that only one building could be demolished in one month's time. The court also asked the principal secretary and municipal commissioner to be present on January 25.

The state government has been asked to submit the Nandlal committee's recommendations of 2001 on the illegal constructions in Ulhasnagar, along with the action taken report.

The government also has to submit the report of the director general of police (anti-corruption) on the involvement of public servants in protecting the construction business there.

Referring to the contents of the Nandlal committee report, the court asked the state government to submit the status report on the encroachment of the 158 plots reserved for public utility in the town.

Meanwhile, the chief minister's customary briefing after the cabinet meeting was cancelled today.

However, when reporters approached Chief Minister Vilasrao Deshmukh on his way to home from Mantralaya, he declined to comment saying, "No Comments."

The BJP, in a bid to fish in the troubled waters, is criticising the DF government for the situation common people are in. "First, the state government allowed illegal construction. Its failure to protect the interest of common man would land itself in trouble," BJP Spokesman Prakash Javdekar said.