Court Directs Municipal Corporation to Submit Action Plan for Encroachment Removal, Stresses Civic Responsibility
In a pivotal decision, the Bombay High Court has directed the Municipal Corporation of Greater Mumbai (BMC) to devise a comprehensive plan to remove encroachments on a street in Powai, which has been used by the public for decades despite being technically classified as a private street. The judgment, delivered on February 13, 2026, by a Division Bench comprising Justices Ravindra V. Ghuge and Abhay J. Mantri, underscores the civic body's statutory duty to address encroachments even on streets that may not be officially designated as public but serve as public thoroughfares due to prolonged public use.
The case, titled Beaumont HFSI Pre-Primary v. Municipal Corporation of Greater Mumbai, arose from a petition filed by Beaumont HFSI Pre-Primary and others, challenging the BMC's inaction regarding encroachments that hindered accessibility and safety on a road in Powai. The court observed that the street in question, although privately owned, has been utilized by the public for decades and is recognized in development plans as a thoroughfare.
The judgment emphasized that the provisions of the Mumbai Municipal Corporation Act, 1888, empower the BMC to act against encroachments on "any street," not solely those officially designated as public. The court criticized the BMC's stance that it would not intervene on what it termed a private road, despite the road's extensive public use and its inclusion in earlier development plans.
The court instructed the BMC to present a detailed plan within ten days, outlining a clear strategy to remove encroachments within 60 days. It also ordered the immediate removal of mobile toilets and water tankers from the street, with police assistance if necessary. The decision reflects the court's recognition of encroachments as a significant issue affecting Mumbai's urban landscape and the need for decisive action by the municipal corporation to ensure smooth traffic and pedestrian movement.
The BMC, represented by Dr. Dhruti Kapadia and other legal representatives, was urged to fulfill its obligations under the MMC Act, 1888, which includes the maintenance and improvement of public streets and the removal of obstructions. The court's order aligns with the principles laid out by the Supreme Court regarding the duties of municipal corporations in managing urban development and ensuring public access and safety.
The case is scheduled for further proceedings on February 27, 2026, at 3:00 pm, where the BMC is expected to present its action plan for compliance with the court's directives.
Bottom Line:
Municipal Corporation's duty regarding encroachments - A civic body cannot abdicate its statutory responsibilities to remove encroachments even on streets that may be classified as private but have assumed the character of public streets due to prolonged public usage.
Statutory provision(s): Mumbai Municipal Corporation Act, 1888 Sections 3(w), 3(x), 3(y), 312, 314, 306
