Mumbai: A person cannot take defence on the grounds of illiteracy to perform illegal acts, the Bombay High Court has said. The court dismissed a petition by a 54-year-old Belapur resident seeking Rs 5 crore compensation from Navi Mumbai Municipal Corporation (NMMC) for demolishing his unauthorized multi-story building. Entertaining such petitions would only encourage “lawlessness”, the court emphasised.
A bench of Justices Ajay Gadkari and Kamal Khata dismissed the petition by Hanuman Naik, who demolished his 50-year-old house due to its deteriorating condition and constructed a multi-story building in 2022 without obtaining any prior permissions from NMMC.
Despite receiving a notice under Section 54 of the Maharashtra Regional and Town Planning (MRTP) Act, on July 18, 2022, Naik did not respond. Instead, he filed a civil suit in January 2023 before the Belapur Civil Court, challenging the demolition notice. The civil court directed the parties to maintain the status quo regarding the property. However, in March 2023, Naik received another notice from the authorities.
Naik alleged that despite the status quo order, NMMC officials proceeded to demolish his building on December 27, 2023, citing directions from the High Court in a separate public interest litigation.
In his petition before the High Court, Naik argued that authorities violated the civil court’s order and unlawfully demolished his residence on December 18, 2024. His advocate Tapan Thatte urged the court to hold the officers concerned personally accountable, restore possession of the property, and compensate for the demolition.
Rejecting his plea, the court stated, “A citizen who seeks rights under the Constitution is equally bound to perform his duties. The petitioner has blatantly violated the law under the pretext of being illiterate.”
The bench further emphasised that the Supreme Court has consistently held that “illegality is incurable,” and no citizen can be permitted to construct unauthorised structures and later seek protection under the law. It also noted that Naik failed to submit any supporting documents proving ownership of the land or the existence of his house for 50 years.
The judges also criticised a common practice where individuals construct illegal structures first and later seek regularisation. “This belief has led to the rise of slums and unauthorized buildings in Maharashtra. The inaction of state authorities has only encouraged such violations,” the bench underlined.
The judges considered imposing an exemplary cost of Rs5 lakh on Naik to deter similar frivolous petitions but refrained from doing so at the “sincere request” of his advocate.
