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The Bombay High Court has directed the demolition of a 16-storey building in Ulhasnagar after finding that permissions were obtained through fraudulent submissions. The court held that the developer misled authorities and carried out large-scale violations, including encroachments on planned development roads. It also pointed out lapses by municipal officials in verifying documents. The structure, comprising 65 flats and four shops, was declared largely illegal, with nearly 80% of it violating norms. The court refused relief to the developer and allowed civic authorities to proceed with demolition.
The Bombay High Court has ordered the demolition of a 16-storey residential building, Jhalak Paradise, located in Ulhasnagar, after concluding that the construction was based on fraudulent approvals and serious planning violations. The court dismissed a petition filed by the developer challenging the demolition notice issued by the Ulhasnagar Municipal Corporation (UMC), clearing the way for authorities to take action. Advertisement
The bench observed that the developer had secured permissions by submitting incorrect and misleading documents, in coordination with an architect. It stated that approvals obtained through such means cannot be treated as valid and must be set aside. The court made it clear that once the foundation of approvals is flawed, the entire structure becomes illegal, irrespective of its stage of completion or occupancy.
The building, developed by Jhalak Construction Company in Ulhasnagar-5, consists of 65 residential flats and four commercial shops. Investigations into the project began after complaints from local activists, following which authorities examined the approvals and construction details. The structure had already been declared illegal in 2024, and the latest order reinforces that finding.
A key issue in the case was the encroachment on Development Plan (DP) roads. The developer had relied on a report claiming that the plot was not affected by any DP road reservation. However, records showed that part of the land had already been surrendered earlier for such reservations. The court noted this contradiction and observed that the developer was aware of the reservations but continued construction regardless.
Further findings revealed that nearly 80% of the building encroached upon planned DP roads, including 24-metre and 36-metre wide roads. The structure also failed to maintain the required margins, leaving only about 3 metres of space against a mandated 9.7 metres. These deviations were considered substantial and not minor or technical in nature.
The court also raised concerns about the role of civic officials, pointing out that permissions were granted without proper verification of documents and site conditions. It stressed that municipal authorities have a responsibility to ensure planned development and cannot overlook discrepancies at the approval stage. The court indicated that officials responsible for such lapses should face appropriate action.
While rejecting the developer’s plea, the court said that parties approaching the judiciary must do so with clean intent, and those relying on false submissions are not entitled to any relief. It also refused to grant time to seek further legal remedy, allowing the civic body to proceed with demolition as per law without delay.
The case adds to a series of instances in the Mumbai Metropolitan Region where courts have taken a strict view on illegal constructions, especially those involving misrepresentation or violations affecting public infrastructure. Past actions against unauthorised buildings in areas like Ulhasnagar and nearby regions have highlighted recurring gaps in enforcement and approval processes.
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