Bombay HC Orders Demolition of Illegal Ulhasnagar Building, Warns of ‘Anarchy’ | File Image
Mumbai: The Bombay High Court has directed the demolition of an illegal building in Ulhasnagar and issued a stern warning that unchecked illegal construction and non-compliance with the law could push the state towards “anarchy.”
A division bench of Justices Ajay Gadkari and Kamal Khata passed the order while hearing a petition filed by 58-year-old Neetu Makhija, who alleged that Mahagauri Builders & Developers were carrying out illegal construction on a plot adjacent to hers, causing structural damage to her property.
Despite repeated complaints, she claimed, the Ulhasnagar Municipal Corporation (UMC) and the police failed to act, as the developer was politically influential. She also alleged she was threatened by the builder for raising objections.
The court observed that the case was not an isolated one, but part of a worrying trend where property owners proceed with demolition and reconstruction without obtaining mandatory permissions. The bench converted the matter into a suo motu petition titled High Court on its Own Motion, considering the larger issues at stake.
“This petition is yet another case where the owner is of a firm belief that he has a right to demolish and reconstruct his structure without seeking requisite permissions,” the bench said. “We are bound by the dictum ‘illegality is incurable’ as held by the Supreme Court.”
The UMC told the court it had issued a demolition notice to the builder, but before it could be acted upon, the developer filed an application for regularisation, which was pending. The bench rejected this reasoning outright. “A person cannot be permitted to regularise a thoroughly illegal construction started without taking any permission whatsoever. It cannot be tolerated,” the court said.
The judges came down heavily on both municipal and police authorities, holding them accountable for inaction. “The UMC as well as the police authorities are responsible for not taking timely action and thereby promoting and perpetuating illegal constructions,” the court observed.
It also criticised the lack of coordination among civic departments and inadequate legal representation. “Unfortunately, the advocates representing UMC are not well-versed with the relevant judgments. This is the reason courts are not assisted with the correct legal position, leading to status quo orders and injunctions.”
The court also held the builder’s contractor liable. “A contention that he was merely given a contract to construct cannot shield him from having committed an offence under the statute.”
Urging the state to act, the court said: “We request the State Government to consider legislating on this aspect. All concerned in illegal constructions should be held responsible and severe deterrence must be imposed to maintain law and order and lawful development in the country.” The court directed UMC to demolish all illegal portions of the structure.
