**Bombay High Court Considers PIL Status of Petition Challenging Deputy CM Eknath Shinde’s Stay on Navi Mumbai Demolition**
*Mumbai:* The Bombay High Court on Saturday directed its registrar judicial to verify whether a petition challenging Deputy Chief Minister Eknath Shinde’s stay order on the demolition of two Navi Mumbai buildings should be treated as a Public Interest Litigation (PIL).
### NGO Plea Considered
A bench comprising Justices Ravindra Ghuge and Ashwin Bhobe passed this order while hearing a plea filed by the NGO *Conscious Citizen Forum*. Advocate General Birendra Saraf highlighted that since the petitioner is an NGO raising issues related to public interest, the matter might qualify as a PIL.
The court instructed the registrar judicial to scrutinize the petition’s contents and submit a report within two days.
### Earlier HC Query on Deputy CM’s Authority
On September 17, the same bench questioned the authority of Deputy CM Eknath Shinde—who also holds the urban development portfolio—for staying demolition notices issued by the Navi Mumbai Municipal Corporation (NMMC).
The court had asked the state government to clarify the legal source empowering the minister to intervene in ongoing statutory procedures under the Maharashtra Regional and Town Planning (MRTP) Act.
### Challenge to Stay Order
The NGO’s petition challenges Shinde’s stay order, issued on March 13, as “arbitrary, illegal, ultra vires, and untenable in law.” The plea seeks to quash the stay and directs the NMMC to proceed with demolition notices dated March 3.
### Details of Targeted Buildings
According to the petition, the NMMC issued demolition notices under Section 53(1A) of the MRTP Act after years of delays and repeated complaints.
The buildings targeted include:
– **Naivedya Building:** A 14-storey structure alleged to have violated Floor Space Index (FSI) norms and sanctioned building plans.
– **D-Wing of Albela:** A seven-storey building reconstructed in 2003 after the original Cidco structure was demolished.
Neither building has an occupation certificate, yet flats have reportedly been sold to third parties, the plea points out.
### Court Observes Wider Implications
The bench noted that although the case does not involve encroachment on public land, it raises larger concerns regarding unauthorized constructions.
“After due procedure, the competent authority concluded that demolition was necessary and issued notices. However, on the very same day, the housing societies approached the Deputy CM, who stayed the proceedings, thwarting further action,” the judges observed on September 17.
### Registrar Directed to Verify PIL Status
In its latest order, the bench remarked, “Advocate General has pointed out paragraphs 9 and 10 of the petition. He further submits that this petition needs scrutiny to determine whether it is in the nature of a PIL. The petitioner claims to be an NGO and appears to have raised an issue in public interest.”
The court then directed the registrar judicial to verify and submit a report on whether the matter carries public interest and if it qualifies as a PIL.
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https://www.freepressjournal.in/mumbai/navi-mumbai-demolition-case-bombay-hc-seeks-report-to-determine-if-plea-qualifies-as-pil