Unauthorized constructions without requisite permissions are illegal and must be demolished
Bombay High Court Orders Demolition of Unauthorized Constructions on Government Land in Thane. Court mandates strict action against municipal officials for negligence and collusion in illegal building activities
In a landmark ruling, the Bombay High Court has ordered the immediate demolition of three illegally constructed buildings in Thane, Maharashtra. These structures, which include a ground plus seven-story building and two ground plus five-story buildings, were erected on government land without obtaining the necessary permissions from the Thane Municipal Corporation. The case, titled Niraj Eknath Kabadi v. State of Maharashtra, came before a Division Bench comprising Justices G.S. Kulkarni and Aarti Sathe, who delivered their judgment on September 22, 2025.
The Court found that the unauthorized constructions were built on government land designated for public use, specifically agricultural/green zone land, where no construction was permissible. The Court expressed grave concern over the involvement and failure of municipal officials, suggesting possible collusion or negligence in allowing such illegal constructions to persist without the required permissions from the Thane Municipal Corporation.
The judgment was based on a series of precedents set by the Supreme Court of India, which have consistently emphasized a zero-tolerance policy towards illegal constructions. The Court highlighted the long-term detrimental effects of allowing unauthorized constructions, including the strain on urban infrastructure and environmental degradation. It called for strict measures to prevent such illegal activities and emphasized the need for accountability among municipal officers.
In its order, the Court directed the Thane Municipal Corporation to demolish the unauthorized buildings and to disconnect their electricity and water supplies within 15 days. Furthermore, the Court authorized municipal officers to seek police protection to ensure the demolition is carried out effectively. Additionally, it mandated that municipal officials responsible for the lack of action against the illegal constructions should face disciplinary proceedings and potential legal action under municipal laws and the Indian Penal Code.
The judgment is part of a series of decisions by the Bombay High Court aimed at enforcing strict adherence to urban planning regulations and holding municipal officials accountable for any failure to prevent or act against illegal constructions. The Court reiterated that regularization of unauthorized constructions should be avoided unless in exceptional circumstances, as it undermines the rule of law and the principles of urban development.
Bottom Line:
Unauthorized constructions without requisite permissions are illegal and must be demolished as per the rule of law. Regularization of such constructions should be avoided unless in exceptional circumstances, and municipal officials are expected to act promptly and responsibly to prevent and rectify such activities.
Statutory provision(s): Section 268(5) of the Maharashtra Municipal Corporation Act, 1949, Sections 478, 260, 267, 267A of the Maharashtra Municipal Corporations Act, Prevention of Corruption Act, 1988
Niraj Eknath Kabadi v. State of Maharashtra, (Bombay)(DB) : Law Finder Doc Id # 2782383
