Bombay HC Flags ‘Systemic Failure’ Behind Navi Mumbai’s Illegal Constructions, Says State Cannot Be A ‘Passive Spectator’

November 21, 2025: The Bombay High Court has sharply criticised the Maharashtra government for failing to curb rampant illegal constructions in Navi Mumbai, stating that the state cannot remain a “passive spectator” while middle-class homebuyers suffer the consequences. A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad made the observations while hearing a public interest litigation (PIL) highlighting widespread unauthorised buildings across the satellite city.

The PIL, filed by resident Sandeep Thakur, highlighted that several structures have been constructed without permission or in violation of approved plans, with many still occupied despite lacking an Occupation Certificate (OC). Thakur sought action against errant developers and the demolition of illegal structures. During the hearing, the court was informed that the Navi Mumbai Municipal Corporation (NMMC) has identified 2,100 such buildings. The bench said, “In our view, this reflects a serious and systemic failure, indicative of a nexus between tainted officials and developers. It is indeed a matter of grave concern.” The judges stressed that the government must intervene as “the ultimate sufferers of such irregularities are middle-class home buyers.”

Although the court dismissed the PIL on procedural grounds—since another bench had already directed NMMC to conduct a full survey and take action—it clarified that the dismissal should not be mistaken for acceptance of wrongdoing. “Such persons cannot be permitted to evade liability/accountability for the sufferings of the home buyers,” the order stated, allowing authorities to pursue action against responsible developers and officials.

The plea had highlighted the Palm Beach Residency complex, alleging occupancy without an OC. The court noted that a provisional OC was granted earlier this year and said, “Once a provisional OC is granted, it would be improper for this court to scrutinise the construction with a magnifying glass… Such matters lie within the exclusive domain of the planning authority.” It reiterated that homebuyers cannot be penalised for a developer’s violations.

Source: ET Infra

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