Bombay High Court Orders Demolition of Illegal Construction in Ulhasnagar, Blames Civic Body and Police for Inaction

The Bombay High Court has ordered the immediate demolition of an illegal construction in Ulhasnagar, Mumbai, and blamed the Ulhasnagar Municipal Corporation (UMC) and local police authorities for their failure to take timely action. Justices Ajay Gadkari and Kamal Khata stated that such illegal constructions cannot be tolerated and warned that without severe deterrence, there would be a risk of anarchy in urban development.

The case stems from a petition filed by Neetu Makhija, a resident of the barracks at Bewas Chowk in Ulhasnagar, where heavy leakage from a neighboring illegal construction was affecting her residence. Makhija, who lives in a six-room barrack, complained that some of her rooms were demolished and replaced with new construction by Manoj Panjwani of Mahagauri Builders & Developers. Despite Makhija’s repeated complaints, the UMC and police failed to take action, allowing the construction to continue.

Failure of Local Authorities

The court strongly criticized the UMC and the police for not acting on Makhija’s complaints, with her advocate claiming that Panjwani's political influence contributed to the lack of action from local authorities. The UMC’s advocate responded that they refrained from demolition after Panjwani claimed that he had applied for the regularization of the construction, a proposal received by the building and town planning department on January 7.

The court noted that the developer had started reconstruction without the necessary permissions and later attempted to regularize the construction after receiving a demolition notice from the UMC. The bench cited Supreme Court decisions, stating that such constructions, which are initiated without proper authorization, cannot be regularized.

Severe Deterrence and Responsibility

The judges emphasized that all parties involved in illegal construction should be held accountable. "Citizens cannot be permitted to regularize a thoroughly illegal constr