Use drones to check illegal constructions: High court

Source:- timesofindia.indiatimes.com

MUMBAI: Bombay High Court has said Brihanmumbai Municipal Corporation must use modern technology including satellite and drones to supervise unauthorised constructions.

“Make use of satellite…make use of drones. Human machinery has failed,” said a bench of Justice Naresh Patila and Justice Shalini Phansalkar-Joshi on April 5. The observations were made as the court questioned how BMC will protect and maintain 160 km of Tansa pipeline which supplies drinking water to Mumbai after encroachers along it are removed. 90 km of the pipeline is above the ground.

BMC moved HC to modify the court’s July 2009 order to reduce from 10 to 3 meters the buffer to be kept on both sides of the pipeline on one side of a stretch at Bellasis Road, Mumbai Central. Some 100 encroachers are proposed to be rehabilitated along with municipal tenants in a highrise. The HC’s 2009 order to remove and rehabilitate encroachers was passed in a PIL by NGO Janhit Manch.

Senior advocate Janak Dwarkadas, representing BMC said,“If we leave 10 meters we’ll not be able to construct higher. We have to reduce the gap between the Tansa pipeline and the building to 3 meters. We’ll ensure there is no encroachment.” The judges expressed concern over how BMC will maintain the buffer all along the 160 km stretch and case of terrorism. “How is Corporation going to maintain 160 kms? We are worried how you will maintain the buffer in case of terrorism,” said Justice Patil.

Dwarkadas said BMC undertakes to erect a wall of sufficient strength and height. The judges asked if BMC has “in-house mechanism” to monitor fresh

encroachers and if the vacated area is protected. “We have seen in demolition matters, authorities are unable to locate their own property. All parties move court after building is fully constructed. What was somebody doing when the foundation was constructed?” asked Justice Patil. The judges then urged the use of satellites and drones to check unauthorised constructions saying authorities are lacking “human machinery” to supervise. “There is no monitoring. Why we are helpless in monitoring with advancement of technology?” asked Justice Patil.

The judges directed BMC to place on record a status report on implementation of the HC’s 2009 order and to “disclose what mechanism it has used to monitor the area from encroachers ” and “whether it proposes to take help of modern technology to supervise such unauthorised constructions.”