HC urges state to enact strict law against illegal constructions

MUMBAI: In a stern stance against unauthorised construction, the Bombay High Court has ruled that illegal structures cannot be tolerated, as non-compliance with the law could lead to anarchy. The court ordered the demolition of an unlawful building in Ulhasnagar, Thane district.

A division bench comprising Justices A S Gadkari and Kamal Khata, in its judgement delivered on Thursday, urged the state government to enact legislation that would hold all parties involved in illegal constructions accountable and impose stringent penalties.

“We request the state government to consider legislating on this aspect. All those involved in illegal constructions must be held responsible, and severe deterrents should be imposed to uphold law and order and ensure lawful development in the country,” the bench stated.

The court warned that failure to act decisively would render planned development a mere illusion and lead to chaos. “If these steps are not taken immediately, achieving a well-planned development in the state will remain a distant dream. Moreover, it could lead to a state of anarchy,” the judges cautioned.

The court was hearing a petition filed by Ulhasnagar resident Neetu Makhija, who had complained about the inaction of the Ulhasnagar Municipal Corporation (UMC) and local police regarding an illegal construction in the barrack where she resided at Bewas Chowk in Ulhasnagar 1.

Makhija had lodged complaints with the civic body in August 2024, alleging that some rooms in the barrack had been demolished and new construction had begun in their place. She also accused the contractor, Mahagauri Builders and Developers, of encroaching upon adjoining land.

After the UMC failed to act, Makhija sought information under the Right to Information Act in September 2024 and confirmed that the construction lacked necessary planning permissions. With no action forthcoming, she moved the high court, where her advocate, AS Rao, highlighted that the contractor was politically influential, which allegedly led to inaction by the UMC and police.

In response, the UMC claimed that they had issued notices to the property owners upon receiving Makhija’s complaint. When officials, accompanied by police, attempted to demolish the structure on January 15, 2025, the owners stated that they had applied for regularisation, leading to a halt in proceedings.

The property owners sought dismissal of the petition on the grounds that their regularisation plea was pending. However, the judges refused to consider their request, citing Supreme Court rulings that illegalities of this nature are incurable.

“Citizens cannot be permitted to regularise a thoroughly illegal construction initiated without necessary permissions. It cannot be tolerated,” the bench declared.

The court further held the contractor accountable for carrying out an unlawful construction without requisite approvals and reiterated the need for stringent laws to punish those involved in such activities.