HC orders judicial inquiry into construction of 17 illegal buildings in Shil Daighar

Appropriate orders will be passed to preserve the rule of law in the TMC, and action will be taken against the people involved, including the guilty municipal officers, the bench said

MUMBAI: Taking a stern note of illegal constructions within the limits of the Thane Municipal Corporation (TMC), the Bombay high court on Thursday ordered a judicial inquiry into the erection of 17 allegedly unauthorised structures, including multi-storied buildings, in Shil Daighar near Mumbra.

Thane, India - June -13, 2025: As per the High Court order, Thane Municipal Corporation has started taking action against unauthorized buildings in Khan Compound Shilphata area On friday in the presence of TMC Commissioner Saurabh Rao. This action will continue for three days. ,in Thane,in Mumbai, India, on, Friday, June -13, 2025. ( Praful Gangurde /HT Photo ) (Praful Gangurde)

A division bench of justices GS Kulkarni and Arif Doctor asked Thane’s principal district judge to appoint a senior judicial officer to conduct an inquiry into the people behind the illegal constructions and the municipal officers responsible for preventing them. The bench has sought the inquiry report in six weeks.

Once the court receives the inquiry report, appropriate orders will be passed to preserve the rule of law in the TMC, and action will be taken against the people involved, including the guilty municipal officers, the bench added.

The court also directed TMC chief Saurabh Rao to personally visit the site of the illegal constructions along with a high court officer and submit a report by June 19, when the matter will be heard next. Following an inspection on Thursday, the TMC demolished concrete pillars being put up for five new allegedly illegal buildings in the area on Friday.

The court passed the order after hearing a petition filed by Subhadra Takle, the owner of a 5.5-acre plot of land in Shil on which the 17 allegedly illegal structures, including several multi-storied buildings, have been constructed. In her petition, filed through advocates AH Modi and Shafik Ahmed, Takle sought the removal of the unauthorised structures from her land.

In its reply to the petition, the TMC stated that the authorised officer had already passed an order declaring the structures illegal, and action was initiated in accordance with the law. In this regard, the bench clarified that the civic body should not wait for court orders to take action. “In the event any demolition is planned, the municipal corporation shall not wait for any further orders and lawful action, if it is set into motion, shall be taken to its logical conclusion,” the bench said.

The court also directed TMC chief Rao to survey all developing areas within its limits and initiate action in accordance with the law against unauthorised and illegal constructions “before it is too late”.

“The green zones and the areas in which no construction is permissible ought to be safeguarded. If any such construction has come up on such no-development areas/lands/zones, it should be immediately attended to and removed in accordance with law,” the bench said.