January 8, 2026: In a sharp rebuke to the Brihanmumbai Municipal Corporation (BMC), the Bombay High Court has quashed demolition notices issued to six long-time residents of Rakhmabai Mhatre Chawl in Mulund (East), holding the civic body’s action to be “vague, arbitrary, malicious and a colourable exercise of power.” The ruling offers complete protection to the residents from any coercive action until the final disposal of their civil suits.
Justice Milind N. Jadhav delivered the judgment on January 5, 2026, while allowing six Appeals From Orders filed by residents Anita Ashok Mapuskar, Amol Pandharinath Vedak, Manik Gajanan Thakur, Rajkumar Gamandas Ramchandani, Pushpalata Pandurang Ale, and Sudhir Sambhaji Jadhav. The appeals arose from identical demolition notices issued on March 15, 2025, under Section 53 of the Maharashtra Regional and Town Planning Act, alleging that the residents’ homes were “unauthorised constructions.” The residents denied the allegations, stating that the structures had existed for over six decades.
Despite detailed replies submitted on March 27, 2025, the Designated Officer rejected their explanations through identical speaking orders on April 29, 2025, without granting a proper hearing or addressing documentary evidence. After the trial court denied ad-interim relief in May 2025, the residents approached the High Court.
The court noted that the appellants occupied independent rooms measuring 100–200 sq ft in a “baithi chawl” built between 1958 and 1960. The residents produced extensive records, including ration cards, property tax assessments, water and electricity bills, and electoral rolls dating back to the 1980s.
Justice Jadhav also relied on a 2013 registered deed through which the original owners sold the property to Indu Enterprise for Rs 75 crore, subject to tenants’ rights and redevelopment entitlements. Rejecting the BMC’s reliance on a “datum line,” the court observed that the notices were contradictory and issued without inspection or hearing.
Holding that demolition action was initiated when redevelopment was “clearly on the anvil,” the High Court restrained the BMC from taking any coercive steps against the residents until the suits are finally decided.
