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The Bombay High Court has directed the BMC to demolish an unauthorized community hall built by Akhil Bhatwadi Sarvajanik Utsav Mandal on a Ghatkopar plot reserved for a playground. The court found BMC and MHADA approvals invalid, ordered demolition within a week, and held civic officials accountable for inaction. It also criticized the trust's misuse of court injunctions and referred its lawyer to the Bar Council for misconduct. The court reaffirmed that reserved open spaces must be preserved, signaling strict enforcement of urban planning norms and a crackdown on illegal constructions that strain civic infrastructure.
?The Bombay High Court has directed the Brihanmumbai Municipal Corporation (BMC) to demolish an unauthorized community hall constructed by the Akhil Bhatwadi Sarvajanik Utsav Mandal on a plot reserved for a playground in Ghatkopar. The court emphasized that illegal constructions undermine the city's planned development and strain existing resources. Advertisement
A bench comprising Justices A.S. Gadkari and Kamal Khata issued the order on April 17, 2025, mandating the demolition within one week. The court also instructed the BMC to maintain the plot as an open space, as per its reservation, and to prevent any future constructions on the site.
The case arose from a petition challenging the permissions granted by the BMC and the Maharashtra Housing and Area Development Authority (MHADA) to the trust for constructing the community hall on a 585-square-meter plot. The land, which also houses a Ganesh temple, was traditionally used for various community activities, including sports and religious programs. In 1994, the trust had illegally constructed a 90-square-meter hall, which was demolished in 2023. However, construction resumed with claims of financial aid from a Member of Parliament.
Despite multiple complaints from local residents, the BMC failed to take timely action, prompting the court to label the civic body's inaction as "deliberate and wilful." The court held BMC officers accountable for dereliction of duty and ordered the municipal commissioner to take appropriate action against them, with a report to be submitted within six months.
The court also criticized the trust for obtaining an injunction against demolition by misrepresenting facts in a civil court. This tactic, the court noted, is commonly used to delay action against illegal constructions. The court has referred the matter to the Bar Council of Maharashtra and Goa for action against the advocate involved for professional misconduct.
This ruling underscores the judiciary's commitment to upholding urban planning regulations and holding authorities accountable for lapses in enforcement.
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