Bombay HC Slams BNMC Over 'Lawlessness' In Illegal Constructions, Directs Inquiry And Status Quo Removal By October 15

Mumbai: The Bombay High Court has come down heavily on the civic bodies for its “deep slumber” and “lawlessness” in allowing mushrooming illegal constructions to continue unabated, despite multiple judicial directions over the years.

Routine Inaction by Municipal Officers

The court observed that it is a “routine affair” where municipal officers act only after a matter is brought to the court. “We may observe that it is a matter of routine affair for the officers of the municipal corporation not to take action against illegal constructions and only when the proceedings are brought before the Court, the municipal machinery is activated,” a bench of Justices Girish Kulkarni and Aarti Sathe noted on October 8.

Plea Regarding Illegal Construction in Temghar, Bhiwandi

The observations were made while hearing a plea filed by Idris Abdul Hamid Shaikh, who claimed ownership of land in Temghar, Bhiwandi. He alleged that private respondents had carried out illegal construction on his property and even formed a housing society — Gurudev Niwas Co-operative Housing Society Ltd — without obtaining any permission from the BNMC.

Civic Apathy and Shielding of Respondents

The court expressed severe displeasure over the “rank unauthorised” structures being protected “certainly for extraneous reasons,” observing that civic officers had failed to defend cases and take demolition action.

Long-Standing Legal Battle Over Status Quo Order

According to the court record, while the civic body had initially issued demolition notices, its attempts were obstructed by the occupants. Respondent had first filed a civil suit in 2009 seeking to restrain the demolition, but the case was dismissed in 2015.

Despite that, the respondent filed another suit in 2016 seeking identical reliefs and managed to obtain a “status quo” order, which, the court noted, remained in force for nearly nine years.

Failure to Act on Demolition Orders

“We are informed that the status quo order was obtained in 2016, and in our opinion, with the blessings of the officers of the municipal corporation,” the bench remarked, adding that officials “did not take any effective steps to vacate the status quo.”

Calling the case “a classic example” of civic apathy, the bench said: “It appears that the municipal corporation is clearly shielding respondents. It is extremely surprising as to why only paper service is effected and no action was taken against the construction.”

The judges also referred to an earlier 2017 order against BNMC, where the HC had already issued strict directions against illegal structures in Bhiwandi. “Despite clear orders passed by this Court almost a decade back, it appears that the municipal corporation is not taking effective action,” the bench observed.

BNMC Directed to Conduct Inquiry

Directing the BNMC Commissioner to conduct an inquiry into the lapses, the court sought a report identifying officials who failed to act or defend the cases. The bench further directed the civic body to move the civil court immediately to vacate the status quo order and submit the outcome by October 15.

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Registrar to Seek Explanation from Civil Judge

The Registrar (Judicial-I) has also been directed to seek an explanation from the concerned Civil Judge for the delay in deciding the matter.

HC Warns Against Lawlessness

“There cannot be such lawlessness or no rule of law in compliance of court orders,” the bench warned. “It is never too late — but something is fundamentally going wrong.”

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