Mumbai Municipalities Under High Court Scrutiny Over Inaction On Illegal Constructions

October 13, 2025: The Bombay High Court has expressed strong displeasure over the persistent inaction of municipal authorities in tackling illegal constructions across Mumbai, highlighting that action is often only taken after court intervention. The bench of Justice Girish Kulkarni and Justice Aarti Sathe criticized municipal corporations for turning a blind eye to violations despite repeated orders, noting that the civic machinery becomes active only once a petition is filed in court.

The remarks came during a hearing of a petition filed by Idris Abdul Hameed Sheikh, who alleged that private parties had carried out unauthorized constructions on his land at Temghar, Bhiwandi, including the establishment of Gurudev Niwas Sahakari Housing Society Limited without municipal approval. The petitioner highlighted that the municipal authorities had initially issued a demolition notice, which was obstructed by residents, and subsequent legal challenges filed by the society prolonged the matter for years.

The High Court observed that despite a civil court order maintaining the status quo for nine years, municipal authorities made no effort to act, effectively allowing illegal constructions to persist. “It is evident that the order remained in force with the blessings of the municipal authorities,” the court commented, calling the case a classic example of administrative indifference.

The bench also noted that earlier orders from 2017, directing strict action against illegal constructions in Bhiwandi, appear to have gone unimplemented. The court has now directed the Municipal Commissioner to investigate the matter, identify officials who failed to act, and take appropriate action. It also ordered an immediate application to the civil court to cancel the stay on demolition and directed court registrars to seek explanations for delays in issuing decisions.

The High Court’s observations underscore ongoing challenges in Mumbai’s urban governance, highlighting the need for proactive enforcement of building regulations to prevent illegal construction from becoming entrenched.

Source: Loksatta

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