Bombay HC Warns Of Colossal Failure If Illegal Constructions Persist

August 30, 2025: The Bombay High Court has issued a strong warning to civic authorities, stating that if drastic measures are not taken to curb illegal constructions, rapidly growing towns could face “a colossal failure” in achieving the goals of lawful and sustainable town planning. The court cautioned that unchecked unauthorised development would result in “chaos and disaster” for generations to come.

In its 21 August order, a bench of Justices Girish Kulkarni and Manjusha Deshpande observed that the duty of civic bodies is to ensure only legal and legitimate growth of cities, instead of allowing the spread of “demons of large-scale unauthorised constructions.” The bench further noted that resources such as water, electricity and public amenities like gardens and playgrounds are created for authorised occupants in planned layouts, and cannot be extended to illegal structures. “Illegalities ought to be nipped in the bud,” the judges remarked, highlighting the risks faced by innocent buyers who might unknowingly purchase homes in unauthorised projects.

The observations came while disposing of a plea filed by Rahul Pawar over an unauthorised building in Thane’s Vartak Nagar. The court noted there was no dispute that the structure was wholly illegal, lacking approval from the Thane Municipal Corporation (TMC).

The TMC informed the court that demolition work, initiated on 13 February, was progressing, and the building would be levelled within three weeks. Internal walls on several floors had already been demolished, with power and water supply disconnected, rendering the premises uninhabitable.

The bench also raised concerns over repeated violations, pointing out that a similar illegal construction had been demolished on the same plot in 2007. The judges stressed the need for vigilance committees to be proactive and directed the Urban Development Department to frame or strengthen a “robust policy” against such illegalities.

Source: The Times Of India

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