HC orders collector to demolish 5-storey Nalasopara building, if found illegal

MUMBAI: The Bombay high court on Wednesday took serious note of an unauthorised five-storey building in Nallasopara East and directed the Palghar district collector to hear involved parties, and demolish the structure if it was found to be illegal.

The direction came in response to a Public Interest Litigation (PIL) filed by an Kamlakar Bhagoji Phatkare, an activist, stating despite several complaints, the authorities have taken no action against the structure.

On September 21, 2024, Phatkare filed an RTI (Right to Information) application seeking information of the 5-storey building on the land opposite to the Anthony High School in Nallasopara East. On October 22, 2024, the Vasai Virar City Municipal Corporation (VVCMC), in its response said no permission had been granted for any construction on the land.

Phatkare then wrote a letter to the assistant commissioner and senior police inspector on November 25, 2024, informing them about the illegal construction and requested them to undertake immediate action.

Phatkare, represented by AA Siddiquie & Associates, referred to the 41 buildings demolished in Vasai as an example to what happens if unauthorised buildings are allowed to be constructed.

Citing grave misconduct and the lax attitude of the authorities, Bhagoji approached the high court in January 2025, to point out the seriousness of the issue. He requested the court to issue directions for its demolition and for strict action against the developers and the authorities.

Alleging that two builders sold the structure to prospective buyers using unregistered agreements, the petitioner also requested the court to use directions to not deal with sale of property in this illegal construction.

The divisions bench of chief justice Alok Aradhe and justice MS Karnik on Wednesday disposed of the petition, by directing the district collector to pass an order on the pleas filed by the petitioner after hearing the concerned parties before deciding to demolish the structure.