Saturday, October 24, 2015

Police can take suo moto action against builders: HC

The Bombay High Court today said the Navi MumbaiPolice should take suo moto cognizance and file FIRs against builders responsible for illegal constructions there instead of waiting for some aggrieved person to come forward and lodge a case.
A division bench of justices A S Oka and V L Achiliya was hearing two PILs by residents Rajiv Mishra and Mayura Maru raising concerns over illegal constructions in Navi Mumbai.
The bench had last week taken a stern view of the issue and said the police has to initiate criminal action against the builders.
The court was today informed by advocate Molina Thakure, who appeared for the police, that two complaints have been lodged against eight persons, of which six are builders and two are agents.
In a note to the court, the police said they have requested Cidco to lodge a formal complaint in the case.
“Why do you (police) want some aggrieved individual to come and register FIR. Is the police helpless? Why cannot you (police) initiate action on your own. Is there nothing like taking suo moto action? Once the police is aware that an offence has taken place then suo moto cognizance can be taken,” the court said.
The court noted that documents attached with the petitions can be used by the police to register FIRs.
“If you (police) register FIRs and under the proper sections then money of flat purchasers can be recovered,” the court said.
The HC has posted the petitions for hearing on October 21.
The state government last week informed the court that it was planning to regularise all illegal constructions in Navi Mumbai, and said it will be framing a policy on this soon.
The court had, however, said that even if such a policy is formed it shall not be implemented until the court gives permission.

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