Pune: Bombay High Court Directs Cantonment Board and PCMC to Address Illegal Activities Promptly
Mumbai/Pimpri Chinchwad, 18th October 2024: The Bombay High Court has instructed the Dehu Road Cantonment Board and the Pimpri-Chinchwad Municipal Corporation (PCMC) to swiftly address unauthorized commercial operations in a local builder’s basement. This action follows numerous complaints from retired resident R. Chopra, prompting the court’s involvement after local officials neglected to act against the illegal transformation of storage warehouses into bars, liquor stores, and a gambling den.
Chopra first raised his concerns with the Dehu Road Cantonment Board on 18th February 2016, which resulted in a notice being issued in July 2017 under Section 244 of the Cantonments Act of 2006. Inspections in 2016 and 2017 validated the illegal activities, yet no substantial measures were taken.
During the hearings, PCMC asserted it lacked authority over construction breaches within the cantonment, while the Dehu Road Cantonment Board indicated it could only initiate criminal proceedings. Chopra accused both entities of negligence and pointed out the inaction of other authorities, including the police and the excise department.
Advocate Nitin P. Deshpande, representing Chopra, contended that both the Dehu Road Cantonment Board and PCMC were empowered to seal the premises and cease the unlawful activities. He challenged the legitimacy of the No Objection Certificates (NOCs) provided by the respondents, claiming they lacked proper authorization.
The bench, consisting of Justices M.S. Sonak and Kamal Khata, rejected the respondents’ arguments, asserting that the activities breached building regulations and legal standards. The Bombay High Court mandated the immediate sealing of the premises and the commencement of criminal action against the respondents.
Moreover, PCMC was ordered to conduct an inspection of the site within 15 days and submit compliance reports within three months. The court also imposed a ₹1,00,000 fine on the respondents, warning of legal repercussions for any further inaction by the authorities.
