Mumbai, The Bombay High Court has noted that it was not in favour of “bulldozer justice” and allowed a Satara-based doctor to voluntarily remove a portion of his residential-cum-hospital building for road widening project instead of permitting the civic body to initiate coercive demolition.
The HC’s Kolhapur bench, comprising Justices Milind Jadhav and Nandesh Deshpande, passed the order last month while hearing a petition filed by Dilip Patil challenging the notices issued to him by the Satara Municipal Council.
The notices stated that a portion of his building would have to be removed for a proposed 15-metre road widening project.
The bench noted that the widening of the road was for the benefit of people as it would ease traffic congestion in the area.
It added that while it was aware of the petitioner’s grievance, this was a pure case of public welfare and development.
The court also noted that Patil had failed to get any relief from a lower court against the notice issued to him by the municipal body for demolition of part of his structure.
“We are not in favour of any bulldozer justice in our court,” the HC said.
It added that the planning authority is yet to complete the process of road line and alignment of the proposed road widening project.
The court then directed Patil to remove the affected structure voluntarily and only if he fails to do so then coercive orders would be passed.
It added that an opportunity is granted to the petitioner as the structure was a residential-cum-hospital building.
The court ordered the petitioner to remove the obstructing structure within four weeks on his own volition until which the Satara Municipal Council shall not take any coercive steps to demolish the structure.
The court said the petitioner and the municipal body could enter an agreement through private negotiations for compensation.
The term ‘bulldozer justice’ loosely refers to an extrajudicial practice where government authorities use heavy machinery to instantly demolish the homes, shops, or properties of individuals accused of crimes or protests without following established legal procedures.
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