No severe deterrence against illegal constructions will lead to ‘state of anarchy’, planned development ‘distant dream’: Bombay HC

While allowing the plea seeking demolition of “illegal” construction in Ulhasnagar, the court asked the government to legislate and formulate a policy or law on the larger issue. “We are afraid that if these steps are not immediately taken, the entire object of a planned development in a state would be only a distant dream. Besides, it would be a state of anarchy,” said a bench of Justices Ajey S Gadkari and Kamal R Khata.

“We cannot permit citizens who refrain from performing their duties as a citizen, to seek enforcement of rights under the Constitution,” the bench said and added that citizens cannot be permitted to regularise thoroughly illegal construction.

Advocate A S Rao, representing resident Neetu Makhija, submitted that the barracks on the subject property consisted of six rooms, some of which were demolished, and new construction was being carried out by the developer, which caused heavy water leakage to her property.

Rao said the illegal construction caused heavy water leakage to the petitioner’s property. He argued that the developer had not obtained permissions for constructions and he also encroached on adjoining property and threats given by him caused her ‘mental trauma.’ Rao added that due to a lack of response from UMC and police authorities despite several letters and complaints to them in 2024, the petitioner was constrained to move the High Court.

“UMC, as well as the police authorities, are responsible for not taking timely action and thereby promoting and perpetuating the illegal constructions,” the court observed after perusing material on record, adding that it can’t permit illegalities to perpetuate any further.

The court added that the developer was “equally responsible for constructing without obtaining necessary permissions in accordance with law,”. The court said the contention that he was merely given a contract to construct “cannot shield him from having committed an offence.” “Law is for the well-being of citizens and all the citizens must voluntarily and necessarily follow, else there will be only anarchy,” Justice Khata noted.

The court found UMC did not initiate any action even though it had in September 2024 in response to the petitioner’s RTI application had acknowledged that the subject structure was illegal. The court said the demolition efforts were also ‘thwarted’ by a regularisation application filed by the developer in January 2025, about which the concerned officer of the civic body should have communicated to all its departments.

“We find that there is a serious lack of communication between the different departments of the Municipal Corporations in this digital era. This cannot be tolerated and permitted,” the HC said.

Seeking measures from the state government, the court said, “All concerned in illegal constructions should be held responsible and severe deterrence must be imposed to maintain the law and Order and lawful development in the country.”

The bench said it was ‘quite astonishing that even police authorities who are the eyes of city administration did not point out about the construction to UMC despite their duty under Maharashtra Municipal Corporation (MMC) Act.”

Expressing displeasure over an “inordinate delay” by authorities in taking action, the court remarked, “It leads us to accept the common public belief that the concerned authorities themselves are protecting these illegalities for the reasons best known to them only.”

The court also directed UMC to ensure no unauthorised structure is erected again on the subject site and asked authorities to initiate criminal action against the developer.