Those repeatedly indulging in illegal construction now face immediate arrest up to three months, with the BMC invoking a stringent law, originally enacted to rein in slumlords and bootleggers.
According to a circular of August 22, the corporation has included the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders and Dangerous Persons (MPDA) Act, and the Section 188 Indian Penal Code (IPC) – disobedience to order of a public servant – to tackle illegal construction.
Under MPDA, the police can arrest a person to prevent him from illegally building structures again and again. "Such a person will be arrested immediately to prevent him from committing more crimes for a maximum three months," said a senior BMC official. Such arrests can be challenged only in a higher court.
Until recently, the Brihanmumbai Municipal Corporation would focus on demolishing the unauthorised construction. However, the existing policy was not effective enough to curb illegal construction, said a senior BMC official.
Civic officials told DNA they have now changed their focus from structures to offenders. "The persons involved in the crime used to escape punishment. It was often found that these people would reconstruct structures again and again despite demolition. Even the recovery of demolition cost used to take time," said an official.
As per the new circular, illegal construction will continue to invite action under the Mumbai Municipal Corporation (MMC) Act and Maharashtra Regional and Town Planning Act (MR&TP). "The person will be asked to demolish the structures by themselves. If they fail to do so, the assistant municipal commissioner of the ward will file a police complaint under MPDA and IPC," said an official.
The official said the ward offices will maintain a diary of illegal construction and repeat offenders. "Every three months, the deputy municipal commissioner of every zone will take stock of the illegal construction."
