Bombay HC slams Maharashtra govt for inaction on illegal constructions

The Bombay High Court has strongly criticized the Maharashtra government for failing to curb rampant illegal constructions in Navi Mumbai, observing that the State “cannot remain a passive spectator” while middle-class homebuyers suffer the consequences of systemic lapses. The court described the situation as a “matter of grave concern” and said the scale of violations points to a nexus between errant officials and developers. 

The order, delivered on November 14 and made available on November 19, by Chief Justice Shree Chandrashekhar and Justice Gautam A. Ankhad dismissed a public interest litigation filed in 2019 by activist Sandeep Thakur. The PIL sought demolition of unauthorized structures, eviction of residents from buildings without Occupation Certificates (OC), and inquiries against architects and civic officials. Mr. Thakur had singled out Palm Beach Residency, a luxury residential complex in Nerul with over 600 flats, alleging that it was occupied without an OC. 

The Bench noted that the Navi Mumbai Municipal Corporation (NMMC) has already compiled a list of 2,100 buildings constructed either without requisite permissions or in violation of approved plans. “This reflects a serious and systemic failure, indicative of a nexus between tainted officials and developers. The respondent no.1 cannot remain a passive spectator, for the ultimate sufferers of such irregularities are the middle-class home buyers,” the court observed. 

While acknowledging the gravity of the problem, the judges refused to grant relief to the petitioner, holding that the PIL was vague and filed nearly a decade after the completion of the project it targeted. The court pointed out that environmental clearances granted in 2009 and 2010 were never challenged and formed the basis for construction. “The petitioner cannot, after nearly a decade, seek to question the validity of the environmental clearance or the alleged ex post facto clearance,” the bench said, adding that delay was fatal to the case. 

The judges also noted that similar directions had already been issued in March this year in another PIL, which required NMMC to conduct a comprehensive survey of illegal structures, issue notices to owners or occupiers, and follow Supreme Court guidelines on demolition. Repeated litigation on the same issue, they said, wastes judicial time and hinders adjudication of other deserving causes. 

The court further remarked that what began as a public interest litigation had “transformed into a private dispute” and warned against PILs being used as instruments of harassment or publicity.  

“A PIL cannot be permitted to continue for private motives,” the order said, citing Supreme Court precedents on the misuse of public interest jurisdiction. 

On Palm Beach Residency, the Bench noted that the society had paid ₹101 crore in penalties and was granted a provisional OC in May this year. “Once a provisional OC is granted, it would be improper for this Court to scrutinize the construction with a magnifying glass to ascertain the nature of irregularities. Such matters lie within the exclusive domain of the planning authority,” the judges observed. They vacated interim orders that had restrained flat owners from selling or transferring their properties, stressing that buyers cannot be penalized for the defaults of developers. 

Clarifying that dismissal of the PIL does not condone illegality, the judges said the State and NMMC are free to initiate proceedings against developers and officials responsible for violations. “Such persons cannot be permitted to evade liability or accountability for the sufferings of homebuyers,” the order stated.