July 29, 2025: The Bombay High Court has instructed the Kalyan Dombivli Municipal Corporation (KDMC) to demolish an illegally constructed six-storey building in Govindwadi, Kalyan, within two months. The court noted that despite KDMC issuing a demolition notice in August 2024, no further action was taken, warning that such inaction could encourage similar unauthorised developments.
The directive was issued by a division bench comprising Justices G.S. Kulkarni and Arif Doctor while hearing a petition filed by local resident Safwan Jafar Hussain Sayyad. In his petition, Sayyad claimed that the building in question, Siyam Villa, had been constructed without any planning permission and urged civic authorities to intervene.
Following his complaint to the ward officer of Ward 3C and the KDMC commissioner on July 23, 2024, KDMC served a show-cause notice to the developer on August 6, 2024. The builder was asked to produce documents proving the legality of the structure. However, no further steps were taken. With no response from the civic body, Sayyad submitted another representation in October 2024 and eventually approached the High Court, alleging collusion between KDMC officials and the developer.
According to Section 260 of the Mumbai Municipal Corporation Act, municipal bodies are obligated to act against unauthorised constructions. The petitioner urged the court to ensure KDMC carries out the demolition notice.
The developer opposed the petition, arguing they had applied for regularisation in July 2024 and were awaiting a response. They claimed the structure adhered to Floor Space Index norms and that a personal hearing had been scheduled by KDMC in February 2025.
However, under court questioning, the developer admitted that no planning permission was obtained prior to construction. The court ruled that the building was entirely illegal and must first be demolished. Only then could the developers apply afresh for proper permissions.
Source: Hindustan Times
