Bombay HC Orders Demolition of Illegally Constructed Building in Navi Mumbai

The Bombay High Court has ordered the Navi Mumbai Municipal Corporation (NMMC) to demolish an entire residential block that was illegally built on Cidco land in Ghansoli, Navi Mumbai. The occupants of the building have been given six weeks to vacate the premises. The court has also asked NMMC to raze down the structure in 8 weeks.

This is not the first time NMMC has had to deal with this. By 2020, the corporation had already demolished the building four times. The court made it clear that irregularity and illegality are not the same. Buildings that are completely illegal cannot be regularised simply by issuing penalties or collecting compensation.

The court has ordered the 23 occupants to leave the property within six weeks and the corporation to demolish the building within two weeks of that order. However, some residents said that they possessed the land.

The court observed that some people had apparently acquired titles offered to them by individuals known as 'Patils' or 'Patel'. However, due to their illegality, these rights are unprotectable.

The court emphasised the need to balance societal demands and individual rights. It clarified that the public interest should take precedence over private interests.

In 2023, HC took up a suo muto hearing, where it questioned NMMC on the water connections to buildings that were claimed to be unauthorised. The court had instructed Cidco and NMMC to develop a practical plan and policy to safeguard all of their holdings. This includes the need for fencing and signboards to prevent illegal construction.

According to advocate Tejesh Dande, representing the NMMC, the NMMC has mapped over 80% of all constructions in its command areas using digital technologies, including drones and radar. According to HC, "digital real-time maps can easily detect these constructions, preventing ambiguity and even third-party hardships.".

The occupants, who are represented by advocate RD Soni, have been advised to take the builder to court. The builder, Ishwar Patel, a former grocery shop delivery worker and sixth pass, claimed this was his first project. The court hopes that it will likely be his last of this kind.