20 June 2025 Civil Writ Petition >> Civil & Consumer Law  

In a strong indictment of official inaction and deliberate misinformation, the Bombay High Court has ordered the demolition of an entire complex of five illegally constructed buildings and directed action against the responsible developers and complicit government officers. The ruling came in a writ petition filed under Article 226 of the Constitution of India, which sought the demolition of unauthorized structures and initiation of civil and criminal proceedings against those involved.

The petitioners contended that Respondents Nos. 1 and 2, the developers, began construction in 2013 on land designated for residential use with only a Grampanchayat No Objection Certificate (NOC) for a "house," despite clear directives from the City and Industrial Development Corporation of Maharashtra (CIDCO) that their approval was mandatory. Despite multiple complaints lodged by the petitioners with various authorities, including the Grampanchayat, Panchayat Samiti, and Collector, no decisive action was taken.

Even after CIDCO issued a notice under Section 54(1) of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) in March 2014 and registered an FIR in January 2016 against the developers, the illegal structures remained. The court noted CIDCO's "inexplicable delay" and "passive conduct," citing a belated inspection in August 2024 and another notice in September 2024—actions deemed superficial given that an entire complex had already been constructed.

Further complicating the matter, the developers filed a Regular Civil Suit (No. 117 of 2024) seeking to declare CIDCO's September 2024 notice null and void and obtain an injunction against demolition. The High Court found that this civil suit deliberately omitted crucial material facts, including CIDCO's earlier notices and the pendency of the writ petition before the High Court, thereby attempting to mislead the trial court which subsequently granted a status quo order protecting the illegal constructions.

The High Court vehemently criticized CIDCO for being "complicit in promoting and tolerating illegal and unauthorized constructions." It deemed CIDCO's September 2024 notice as a deliberate attempt to assist the developers in obtaining a civil injunction and frustrating the writ petition, calling it an "abuse of statutory powers."

Citing numerous Supreme Court and High Court precedents, the bench reiterated that illegalities are "incurable" and must not be tolerated. The court also highlighted that Respondents Nos. 1 and 2 had approached the court with "unclean hands," engaging in "deliberate suppression of material facts, submission of false statements, and blatant misrepresentation of records." While acknowledging the plight of innocent flat purchasers, the court stated that their recourse, if any, lay against the developer for their imprudence in failing to exercise due diligence.

In a decisive ruling, the High Court:

• Directed CIDCO to demolish the illegal constructions on the writ land within a period of four weeks.
• Ordered the concerned authorities to take appropriate action against all officers who permitted the continuance of illegal construction since 2014, as well as against the developers and Respondents Nos. 1 and 2, as per the provisions of the MRTP Act.
• Dismissed Regular Civil Suit No. 117 of 2024, declaring it not maintainable due to suppression of material facts, and set aside the status quo order granted by the trial court.

The court rejected the developers' request for a four-week suspension of the order, emphasizing the need to prevent the abuse of judicial process and maintain its sanctity. The petition is scheduled for a compliance report on July 28, 2025.

Section 54, MAHARASHTRA REGIONAL AND TOWN PLANNING ACT - 1966  

MAHARASHTRA REGIONAL AND TOWN PLANNING ACT, 1966