Mumbai: The Bombay High Court on Friday stayed the demolition of 12 illegal buildings in Kalyan-Dombivli until February 3, 2025, following a plea by flat owners who claimed they were cheated by developers. The court granted interim relief, allowing these flat owners time to apply for regularisation of their homes.
In November 2024, the court had directed the Kalyan-Dombivli Municipal Corporation (KDMC) to demolish illegal buildings as per the law while hearing a public interest litigation (PIL). Flat owners argued that developers forged commencement certificates (CCs) to register agreements, and criminal cases have already been initiated against these builders.
A bench of Chief Justice DK Upadhyaya and Justice Amir Borkar noted that the flat purchasers claim to be victims, but they failed to exercise due diligence before buying properties.
“Knowing fully well that these are illegal constructions, you purchase flats without exercising due diligence. Then you approach the court to protect your interest saying you are only flat buyers and mischief is by developers. You have not even filed for regularization of the structures,” the bench remarked.
Advocate Mayur Khandeparkar, representing the flat owners, contended that the forged CCs were uploaded on the RERA portal, leading buyers to believe the projects were legitimate. He added that the buildings were constructed three to four years ago and sought regularisation, citing Supreme Court precedents that allow exceptions for residential projects. Also, the three months’ deadline for demolition expires in February, Khandeparkar pointed out.
KDMC’s counsel Rao informed the court that notices for eviction and demolition were issued based on earlier orders to take action against illegal constructions.
The court, however, stated that until February 3, no demolition or eviction shall proceed. It directed KDMC to decide pending applications for regularisation under Section 53 of the Maharashtra Regional and Town Planning Act, 1966, expeditiously.
The HC clarified that flat owners who have not yet applied for regularisation must approach the competent authority within a week. The court also instructed applicants to file affidavits detailing the deviations in their flats from sanctioned plans.
The court has clarified that after this, it will not entertain pleas for stay on demolition. “Law can protect those who abide by the law. If everyone starts coming to the Court, then no demolition of illegal structures will take place,” the bench emphasised.
