Can't Seek Defence Of Illiteracy To Perform Illegal Act: Bombay HC Rejects Man's Plea Seeking ₹5 Crore For Removal Of Illegal Structure
1 month ago

Can't Seek Defence Of Illiteracy To Perform Illegal Act: Bombay HC Rejects Man's Plea Seeking ₹5 Crore For Removal Of Illegal Structure

Live Law  

While observing that a person cannot be permitted to perform an illegal act in the garb of being "illiterate", the Bombay High Court on Tuesday dismissed a man's plea who sought Rs 5 crore compensation from the Navi Mumbai Municipal Corporation for demolishing his "unauthorised" structure. A division bench of Justices Ajay Gadkari and Kamal Khata noted that the petitioner - Hanuman Naik, claimed to have owned a house in Darave area of Navi Mumbai for more than 50 years. A Petitioner cannot simply seek defense on the ground of illiteracy to perform illegal acts. The bench therefore dismissed the petition and recorded in the order that it was mulling to impose a cost of Rs 5 lakhs on the petitioner for filing such a "chance petition" however it was only after the petitioner's counsel urged the bench not to impose such hefty costs, the judges refrained from doing so.

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History of this topic

Court slams 'build first, regularise later' approach, rejects plea over demolition
3 weeks, 6 days ago

Court slams 'build first, regularise later' approach, rejects plea over demolition

India Today  

The Bombay High Court criticised the "widespread belief" that illegal constructions can be regularised after they are built, expressing concern over the proliferation of such structures. Rejecting a petition which sought to overturn the demolition of a property and demanded Rs 5 crore in compensation, the court asserted that if these petitions are entertained, "there would be utter lawlessness". Justices …

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