January 19, 2026: The Bombay High Court has ordered the demolition of unauthorised structures in a South Mumbai building after identifying serious fire and safety violations, underscoring a strict crackdown on illegal constructions.
The case was brought by Saba Qutty, a resident of Sara Palace in Madanpura, who approached the court in May last year, alleging that the Brihanmumbai Municipal Corporation (BMC) failed to prevent multiple illegalities and encroachments in the 12-storey building. “The refuge areas, ducts, and parking areas are common facilities, and their misuse jeopardizes the entire building’s safety and legal standing under housing and municipal laws,” Qutty stated in her petition.
Filed through advocate Vedchetan Patil, the petition detailed how developer Hi Rise Realty began construction in 2009 according to sanctioned plans, which required five rooms per floor and open duct areas for ventilation, light, and emergency access. Qutty alleged that duct areas from the first to seventh floors were sold or allotted to third parties and converted into residential or commercial spaces using brick masonry and Ladi-Koba slabs, violating fire safety norms. She also noted that the 12th floor was constructed without a Commencement Certificate (CC), exceeding the approved 11 floors.
Despite multiple complaints to authorities from December 2024 to May 2025, no action was taken. The petition highlighted violations under the MRTP Act, 1966, municipal laws, and criminal mischief.
During the hearing on December 9, 2025, Justices Ravindra Ghuge and Ashwin Bhobe referred to a Mumbai Fire Brigade report detailing missing fire safety systems, including wet risers, external hydrants, sprinklers, smoke detectors, fire pumps, alternate power supply, a fire alarm system, and refuge areas.
“We are horrified by the report,” the court said, noting that flats were occupied without an Occupation Certificate (OC). The bench directed the BMC to issue eviction notices immediately and demolish rooms created by converting electrical and fire ducts, restoring the ducts to their original purpose. Due to the Model Code of Conduct ahead of civic elections, the court scheduled demolition between January 27 and 31, 2026.
This ruling highlights the judiciary’s commitment to ensuring fire safety and compliance with sanctioned building regulations in Mumbai’s high-density urban areas.
Source: Hindustan Times
