The Bombay High Court ordered the demolition of seven illegal floors of an eight-storey building in Khar, rejecting a plea for regularisation. The Brihanmumbai Municipal Corporation (BMC) was instructed to complete the demolition within three months, based on its 2018 notice. The court found that the commencement certificate issued in 1994 only allowed construction of the basement and first floor, but additional floors were built unlawfully. A fine of INR 50,000 was imposed on the petitioner for misleading the court. The HC referenced previous rulings against regularising illegal constructions, emphasising strict adherence to building regulations and minimal leniency.
The Bombay High Court has ordered the demolition of seven illegal floors of an eight-storey building in Khar (W), rejecting a petition for regularisation of the unauthorised construction. The Brihanmumbai Municipal Corporation (BMC) was directed to complete the demolition within three months, following a 2018 notice issued for the illegal top seven floors of Shivanjali Co-operative Housing Society. The court imposed an INR 50,000 fine on the petitioner for misleading the court by selectively disclosing information.
A division bench of Justices M S Sonak and Kamal Khata ruled that the benefit of regularisation cannot be extended to those who flagrantly violate building or environmental regulations. The commencement certificate (CC) issued in 1994 only permitted the construction of the basement and first floor, but the developers, A G Developers and Rao & Associates, constructed a basement, ground floor, and eight upper floors. Despite the BMC rejecting an earlier plea for regularisation of floors two through eight, the petitioner claimed the society's plea was still pending, which the court deemed "mischievous" and "misconceived."
The case stemmed from a petition filed by an eighth-floor resident in 2018 seeking a stay on the BMC's demolition notice until the society's regularisation plea was resolved. The High Court cited previous Supreme Court rulings that emphasised minimal regularisation of illegal constructions, particularly when such violations are deliberate. The court further referenced its own 2022 ruling, which condemned unlawful constructions, allowing deviations only in bona fide cases or when demolition would cause more harm than good.
Notably, the BMC had issued a Section 354 notice in August 1994 against unauthorised construction from the second to eighth floors, followed by additional notices in 2004 under the Maharashtra Regional and Town Planning (MRTP) Act. Despite these, the builder failed to comply, prompting the police to file a complaint in July 2004. In a related 2017 civil contempt plea, the housing society accused the BMC of not adhering to a 2017 court order. The High Court accepted the BMC's apology and set a deadline to implement the 2018 comprehensive demolition order, seeking a compliance report by 20th January.
The Bombay High Court's decision to order the demolition of seven illegal floors of a building in Khar underscores the judiciary's firm stance against unauthorised construction. By rejecting the plea for regularisation, the court reinforced the importance of adhering to building and environmental laws and condemned attempts to mislead the legal system. This ruling, along with a fine imposed on the petitioner, sends a strong message that deliberate violations will not be tolerated, and lawful procedures must be followed to ensure compliance with urban planning regulations.
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