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The Bombay High Court has intervened to stop the Brihanmumbai Municipal Corporation (BMC) from proceeding with the demolition of homes at Rakhmabai Mhatre Chawl in Mulund (East), ruling that the civic body's notices were vague and unjustified. The court found that six residents had adequately demonstrated long-term occupancy through historical property tax and utility records, undermining BMC's claim of unauthorised construction. Observing that the demolition warnings lacked clarity on what was unlawful, the bench quashed the notices and ordered that no coercive action be taken until the civil suits are finally disposed of. The ruling underscores the need for precise procedural compliance when authorities seek to remove longstanding residential structures.
The Bombay High Court has put a hold on the Brihanmumbai Municipal Corporation's (BMC) planned demolition drive at Rakhmabai Mhatre Chawl in Mulund (East), safeguarding the homes of several long-standing residents from forced eviction. In its order, the division bench highlighted significant procedural irregularities in the BMC's notices, describing them as unclear, arbitrary and lacking necessary justification for declaring the structures illegal. Residents had challenged the civic body's actions by filing civil suits, asserting that their homes have existed for decades and that they have continuously paid property taxes and utility bills for these dwelling. Advertisement
The petitioners presented documentation, including electricity bills and tax receipts dating back to the 1980s, to establish their longstanding occupation and residence in the chawl units. These records played a central role in the court's assessment. The bench observed that the civic body's demolition notices failed to specify the violations they alleged, making it impossible for residents to meaningfully respond or defend their rights. Consequently, the court quashed those notices and directed that no coercive measures be taken until the broader legal proceedings conclude.
In its ruling, the High Court also noted that the BMC's actions appeared influenced by redevelopment interests rather than strictly legal considerations. By insisting on clear and specific reasons before any demolition or eviction, the court reaffirmed the principle that civic authorities must adhere to strict procedural standards, particularly when fundamental rights such as shelter and residence are at stake. The order offers immediate relief to the affected families, ensuring their homes cannot be demolished while their civil suits progress.
Legal experts say the judgment highlights the judiciary's role in balancing civic enforcement with individual property rights. It sends a message that administrative actions must be backed by transparent, evidence-based notices rather than broad assertions of illegality. Residents of Rakhmabai Mhatre Chawl, many of whom have lived in the community for generations, now have a temporary reprieve that allows them to continue living in their homes while awaiting a final resolution in the courts.
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