The Bombay High Court has underscored the serious consequences of illegal constructions on the city’s limited infrastructure and essential public resources, ruling that the rights of occupants of unauthorized structures cannot be recognized under any circumstance. The observations were made while hearing a 2024 petition filed by Rahul Chandrakant Pawar challenging the construction of an unauthorized building at Vartak Nagar, Thane (West).
The Bench, comprising Justice G.S. Kulkarni and Justice Manjusha Deshpande, emphasized that resources such as water, electricity, and common amenities like parks and playgrounds are meant exclusively for residents of legally sanctioned buildings within planned layouts. “The unauthorised use of such critical resources undermines the collective rights of legitimate residents,” the court noted on August 21, 2025.
The disputed building, located between Sai Chintamani Building (East), Vaishnavi Apartments (West), Sai Yog Apartments (North), and Sai Chintamani Building (South), had no occupancy certificate issued by the Thane Municipal Corporation (TMC). Following eviction notices on January 12, 2024, the TMC commenced demolition on February 13, 2025, dismantling internal walls across all four floors and disconnecting water and electricity connections to render the building uninhabitable. TMC counsel informed the court that the remaining structure would be demolished within six weeks, reducing it to ground level.
The Bench expressed alarm over the recurrence of illegal construction on the same plot, recalling a 2009 PIL in which the High Court had ordered the demolition of a ground-plus-five-floor building on the property. “It is deeply concerning how a similar construction was undertaken again in 2017-18, and which officials allowed such blatant violations,” the Court remarked.
The Court directed the ward-wise vigilance committee to adopt a proactive approach to prevent, detect, and act against all forms of unauthorized construction without delay. It cautioned that failure to enforce timely measures could render the situation irreversible, warning that such inaction threatens the orderly growth of the city. “Illegality must be nipped in the bud to safeguard lawful urban development,” the Court observed.
Further, the Bench criticized the Urban Development Department (UDD) of Maharashtra for remaining a “mute spectator” and urged the State to implement comprehensive policies to effectively address modern challenges posed by unauthorized construction. “Without robust intervention, the vision of planned and lawful urban expansion will collapse, leaving future generations to bear the consequences of unchecked illegal development,” the Court concluded.
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