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

In Feroz Talukdar Khan v/s The Municipal Commissioner, Thane & Another., Bombay High Court's resolute stance against rampant unauthorized construction, specifically addressing a case involving a seven-story building in Thane's Shil village. The Court highlights its deep distress over the brazen disregard for legal procedures, especially given a prior ruling (Writ Petition No. 5898 of 2025 in Smt. Subhadra Ramchandra Takle Vs. State of Maharashtra & Ors.) that authorized the demolition of 17 similar illegal structures in the same area.

In the current case, despite a demolition notice issued on February 21, 2024, when the construction was merely at plinth level, Respondent No. 3 audaciously proceeded to erect a full ground-plus-six-floor building. The Court expresses dismay at the apparent inaction of municipal officers, who, despite issuing a notice and even filing an FIR on January 18, 2025, failed to prevent the construction from progressing or to pursue the complaint to its logical conclusion. The Court criticizes this "mute spectator" approach, suggesting it points to a "permissive regime" or even "covert blessings" from officials.

The High Court emphatically rejects the Respondent's plea for regularization of the illegal structure, citing numerous Supreme Court and High Court precedents. These judgments consistently hold that illegal and unauthorized constructions cannot be regularized, as such power is limited to minor deviations and is not intended to condone blatant violations. Regularization, if allowed for such flagrant breaches, would create "absolute lawlessness" and undermine the rule of law, encouraging illicit activities by those with "ample resources."

The Court underscores that occupants of such illegal premises have no legal rights, equity, or sympathy. They are considered "greedy purchasers" who knowingly acquire property in unauthorized constructions.

Ultimately, the High Court reaffirms the imperative for the Thane Municipal Corporation to proceed with the demolition of the unauthorized construction without any protection, emphasizing that such defiance of law cannot be tolerated. The Court urges the Municipal Commissioner to establish a uniform policy to reject all regularization applications for inherently illegal constructions and expresses its strong sentiments regarding the lack of honesty and diligence from municipal officers in upholding their duties.

The matter is listed for compliance on July 2, 2025.