Observing that the law that governs the state also applies to Ulhasnagar municipal corporation, the Bombay High Court directed removal of transit camps on two plots of land, reserved for playground and school.
A division bench of Justices D Y Chandrachud and S C Gupte was hearing a public interest litigation filed by Aziz Amir Shaikh, challenging the construction of transit camps on the two plots.
Shaikh had filed the PIL in 2010 alleging that the corporation permitted construction of transit camps in open spaces. "These plots were reserved for playgrounds and primary school. However, transit camps were constructed there three years back," his advocate said.
Also, the UMC did not call for tenders to give contract for construction of the transit camps and gave work order for over Rs 1 crore, the petition alleged.
Directing removal of the transit camps, Justice Chandrachud said on Friday, "Does the Ulhasnagar municipal corporation not fall under the law that governs the rest of the state? What is to be done if the corporation itself has committed illegality? The planning authority is duty bound to comply with the rules.
"We would have been inclined to direct removal of the transit camps immediately, but considering the hardships faced by the persons living in those camps especially during monsoon season, the statement made by the civic body that the camps would be demolished by March 31, 2014 is accepted," the court said.
The bench also directed the state government to consider the aspect of prosecution, if any, against errant officials of the Ulhasnagar civic body for non-compliance of rules.
The High Court had in May this year imposed a cost of Rs 10,000 on the civic body for failing to file its affidavit in the petition.
