Demolition of unauthorized constructions : Bombay High Court Sets Guidelines for Municipal Eviction Notices

Court mandates clear demarcation in eviction notices to uphold natural justice and constitutional rights

In a significant ruling, the Bombay High Court has addressed the issue of vagueness in eviction and demolition notices issued by municipal corporations, emphasizing the necessity for precise demarcations and property identification to uphold principles of natural justice and constitutional guarantees. The judgment, delivered by Justices Ravindra V. Ghuge and Ashwin D. Bhobe in the case of Jagdish Dugdhalay v. State of Maharashtra, scrutinizes an eviction notice that directed the petitioner to vacate the premises without specifying which portions were unauthorized constructions.

The petitioner, Jagdish Dugdhalay, challenged the notice dated September 24, 2025, arguing that it violated Articles 14, 19(1)(g), 21, and 300-A of the Constitution of India due to its vagueness. The court agreed, finding that the notice failed to provide clear identification and demarcations of the property, thereby infringing upon the petitioner's rights and disregarding procedural fairness.

The court directed the municipal corporation to conduct proper measurements and identification of the land, with the involvement of revenue authorities. It mandated that any unauthorized construction identified during these measurements should be voluntarily demolished by the petitioner within a specified timeframe. Additionally, if any portion of the land is required for a public project, the petitioner is entitled to Transferable Development Rights (TDR) for the acquired property, subject to verification of prior TDR allocation to the predecessor-in-title.

This judgment follows a history of legal proceedings where the petitioner's father had previously secured a civil court decree preventing demolition, which was partially quashed in an appellate court ruling in 2012. The appellate court had directed the municipal corporation to follow due legal processes before demolishing structures on the disputed land.

The judgment underscores the importance of specificity in eviction and demolition notices to prevent arbitrary actions and ensure compliance with legal standards. It highlights the court's role in balancing the enforcement of municipal regulations with the protection of individual rights.

Bottom Line:

Notice issued by Municipal Corporation for eviction and demolition of unauthorized construction must specify clear demarcations and identification of the property to avoid vagueness and ensure compliance with due process of law.

Statutory provision(s): Articles 14, 19(1)(g), 21, and 300-A of the Constitution of India, Section 278 of the Act of 1949

Jagdish Dugdhalay v. State of Maharashtrar, (Bombay)(DB) : Law Finder Doc Id # 2785793