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

In a recent ruling of Hiroo Tuljaram Shahani & Another v/s The State of Maharashtra, Represented through Government Pleader, Bombay & Others, the High Court of Mumbai found the petitioners, occupants of the ground floor of New Hindustan CHS Ltd, guilty of contempt of court. The case revolved around unauthorized constructions within their premises and their repeated failure to comply with court orders and undertakings to rectify these violations.

The petitioners initially challenged a notice from the Brihanmumbai Municipal Corporation (BMC) and a subsequent order identifying seven violations of the approved building plan from 1967. Their primary grievances included a lack of opportunity to be heard, claims that renovations were carried out long ago with society's permission, and an accusation that a third respondent was instigating the BMC against them.

 

 

 

 

Following a court-ordered inspection by the BMC, which confirmed seven instances of unauthorized work in the petitioners' premises and five on the first floor occupied by Respondent No.3, the petitioners undertook to remove the unauthorized constructions by December 26, 2024. However, they failed to comply, citing risks of the upper floor caving in. The BMC engineer, however, refuted this claim, stating the work could be safely removed.

Despite multiple opportunities and extensions granted by the court over a period of five months, the petitioners continued to refuse to remove one significant unauthorized construction: the conversion of an area beneath the staircase into a bathroom. Their reliance on an architect's report was deemed "devoid of any justification or factual foundation" by the court, especially given the BMC engineer's clear report on how the area could be restored.

Citing the Supreme Court's observations in Celir LLP vs. Sumati Prasad Bafna on the importance of preserving the majesty and sanctity of the law, the High Court concluded that the petitioners' conduct was "obstinate and reflects a willful disregard of their obligations and of the authority of this Court." The court found that their actions were a "willful and deliberate breach of their own undertaking" and showed "complete lack of respect" for the judicial process.

Consequently, the High Court imposed a sentence of two weeks simple imprisonment and a fine of Rs. 2,000/- on the contemnors. The fine is to be deposited within one week, with a further week of simple imprisonment in case of non-payment. The court also directed the BMC to remove all illegalities and unauthorized constructions within one week, with the costs to be borne by the petitioners. The implementation of the imprisonment sentence has been suspended for four weeks to allow the petitioners, considering their advanced age, to deposit the fine and appeal the decision.