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

In Surendra Shah, Adult of Mumbai, Indian Inhabitant, Sole Proprietor of M/s. Shree Sai Shraddha Associates, Mumbai v/s Brihanmumbai Municipal Corporation, Mumbai & Others., the Bombay High Court has issued a directive to the Brihanmumbai Municipal Corporation (BMC), ordering the immediate demolition of all unauthorized constructions on a specific plot of land in Malad (East), Mumbai. The petition, filed by the landowner under Article 226 of the Constitution of India, sought a writ of mandamus to compel the BMC and its officers to carry out this demolition. The land in question is identified as Land No. 13, Survey No. 156 (part), Hissa No. 6 (part), corresponding to CTS No. 27, measuring 921 square yards or 771.60 square meters, located at Village Pahadi, Haji Bapu Road, Malad (East), Mumbai–400097.

During the proceedings, the BMC confirmed, through an affidavit dated May 2, 2025, that it had already issued a Speaking Order on March 18, 2025, declaring the structures illegal and instructing their removal within 15 days. The BMC also informed the Court that one of the respondents had filed a suit challenging the demolition notices in the City Civil Court, Dindoshi, but no interim relief had been granted, and the BMC had challenged the suit's maintainability.

The High Court emphasized its commitment to upholding the rule of law, citing recent Supreme Court pronouncements (in Rajendra Kumar Barjatia & Anr. vs. U.P. Avas Evam Vikas Parishad & Ors. and Kaniz Ahmed vs. Sabuddin & Ors.). These pronouncements strongly condemn unauthorized constructions, advocate for a strict judicial approach against them, and assert that laxity by authorities or judicial leniency should not protect illegalities.

The Court noted that the counsel for the respondents, representing those who erected the structures, fairly conceded that there were no sanctioned plans permitting the constructions. Given this admission and the binding nature of the Supreme Court's observations that "illegalities are incurable," the High Court found no basis to protect the structures.

Accordingly, the High Court granted the petition and directed the BMC to demolish the illegal structures within four weeks from the date the judgment is uploaded on the official website.