In a recent case of a writ petition filed against a case of flat owners of an illegally constructed building seeking respite from the BMC’s orders, the divison Bench of the Bombay HC held that in such matters it is necessary to take into account, not only the interest of the petitioner but also of those who reside in the nearby areas.
The bench further held that such people must be definitely blamed for purchasing flats without bothering about the details of construction and without doing any enquiries about the builders. If they get carried away only by the advertisements and buy flats without any further enquiries, then they cannot turn around and seek assistance of the court.
Every application for regularisation needs to be viewed in detail, on a case to case basis and there is no such rule that allows all applications to be automatically accepted and approved. One needs to understand that the basic supplies like, water, Electricity and Infrastructure are scarce and such unauthorized constructions add burden on the facilities. BMC surely has the right and can refuse to regularize a particular application.
This is a wake up call for all flat buyers. It is necessary to understand the title documents, approvals, Plans of the construction through an expert in the field. Especially when dealing with the constructions in the CRZs or on Government land, buyers must be most cautious, held the court.