Bombay High Court slams BMC for “high-handed" demolition, warns of rebuild order

The Bombay High Court recently issued a stern warning to the Municipal Corporation of Greater Mumbai (MCGM) for what it termed as “high-handed” demolition of a structure in a Mumbai suburb [Ashok Mahadev Kule v. Municipal Corporation of Greater Mumbai]

Justice Milind N Jadhav found the Corporation’s pace of action particularly troubling, noting that the entire process from notice to demolition was completed in just 13 days. 

“Such action of alarming alacrity and efficiency shown by the Corporation is shocking in the present case,” the Court said.

The Court also flagged violation of the Corporation’s own Circular dated April 24, 2025, which mandates that no demolition should take place without a 15-day notice period or a personal hearing.

“Once this is the position, it becomes incumbent upon the corporation, which is a planning authority, to give appropriate explanation to the court,” the Court held.

Accordingly, Justice Jadhav directed the Deputy Municipal Commissioner to file an affidavit explaining the circumstances under which officials disregarded the prescribed timeline. 

He warned that if the Corporation fails to justify the haste in its actions, it may be directed to restore the premises at its own cost.

The case arose from a dispute over a structure in Malad.

Petitioner Ashok Kule contended that the structure had existed for over five decades.

The Corporation issued a statutory notice on January 23 alleging unauthorised construction. Despite Kule filing a detailed reply on January 27, the Corporation passed a speaking order on January 31 and proceeded to demolish the structure on February 6.

“The corporation cannot take law into its own hands, deny the principles of natural justice, deny complying with guidelines issued in its own circular and then not be answerable to anybody,” the Court said, adding that the civic body is answerable to the Court.

The judge directed the Municipal Commissioner to take personal cognizance of the matter to ensure compliance with the Court’s directions.

The matter will be heard next on June 18.

Advocates Janay Jain, Shailesh Pal and Vijay Shukla appeared for Kule.

Advocate Sachin Vajale appeared for BMC.

[Read Order]