“No Relief To Pune School Over Unauthorized Structure”: Bombay HC Says ‘Illegality Is Incurable’

The Bombay High Court has refused to grant relief to a Pune-based private school facing demolition action over an unauthorised building structure, observing that the illegality was “incurable” and cannot be permitted to continue under any pretext.

A division bench comprising Justice Gautam Patel and Justice Kamal Khata held that the school building was constructed in blatant violation of development control rules and municipal regulations, and no leniency could be shown merely because it was being used for educational purposes.

Illegality

The court made it clear that public interest or noble intent, such as running a school, cannot justify illegal construction. The bench noted that allowing such buildings to operate poses risks to public safety and undermines the rule of law in urban planning.

“Illegality is incurable. No structure can claim protection merely because it is being used as a school,” the court said.

The court emphasized that adherence to the statutory framework under the Maharashtra Regional and Town Planning (MRTP) Act and local building codes is non-negotiable.

School Built

According to the case records, the structure in question was built without the requisite approvals from the local planning authority and continued to operate despite multiple notices of violation. The municipal corporation had issued a demolition notice, which the school had challenged in court, seeking a stay.

However, the court refused to entertain the plea, observing that the school had failed to obtain any legal permissions and had not complied with the regulatory framework despite ample time.

Court Underscores

The judgment underscores the accountability of educational institutions to operate within legal and structural norms. It also reinforces the judiciary’s stance on illegal constructions—a recurring issue in urban centers like Pune.

The High Court’s decision sends a clear signal that no institution, regardless of function or stature, is above planning and safety laws.

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