HC slaps civic body with ₹ 10L fine for illegal demolition of activist’s house

The Bombay high court on Tuesday directed the Thane Municipal Corporation to pay ₹10 lakh in compensation for unlawfully demolishing residential property of an activist without following due process

MUMBAI: The Bombay high court on Tuesday directed the Thane Municipal Corporation (TMC) to pay ₹10 lakh in compensation for unlawfully demolishing residential property of an activist without following due process. The court ruled that the demolition, carried out in August 2024, was done without proper notice and in violation of due process. The case, which has drawn attention due to allegations of retaliation for the owner’s activism against illegal activities, has resulted in a significant order holding municipal officers accountable for their actions.

HC slaps civic body with ₹ 10L fine for illegal demolition of activist’s house

Ganesh Patil’s property, a two-story structure in Diva, was demolished by the TMC on August 6, 2024. Patil argued that the demolition was part of a targeted campaign against him due to his outspoken efforts to expose illegal activities in the area. He had taken legal and civic action against several individuals involved in illegal construction, sand dredging, and destruction of mangroves. Despite his complaints and requests for police protection, Patil claimed that the local authorities, including the police, did not take timely action to protect his property or address the illegal activities.

Representing Patil, advocate SG Kudle contended that the TMC’s actions were both unlawful and malicious. He argued that the TMC had demolished Patil’s property without serving the mandatory notices required under the Maharashtra Municipal Corporations Act. Kudle noted that while other unauthorised structures in the vicinity were left intact, Patil’s property was singled out, further suggesting that the demolition was driven by ulterior motives. He also highlighted the lack of proper notice, which deprived Patil of the opportunity to defend his property.

Senior advocate Zal Andhyarujina, appearing for the TMC, defended the corporation’s actions by stating that the demolition was based on complaints of illegal construction. However, he conceded that proper legal procedures were not fully followed, including the failure to serve a direct notice to Patil. Andhyarujina acknowledged the shortcomings in the process but left it to the court to determine the appropriate remedy.

In its decision, a division bench led by justices Revati Mohite Dere and Prithviraj K. Chavan, ruled that the TMC had violated legal procedures in demolishing Patil’s property. The court cited Supreme Court precedents, affirming that even unauthorised structures cannot be demolished without adhering to due process. As a result, the TMC was ordered to pay compensation of ₹10 lakh, which is to be recovered from the salaries of the responsible officers. The court also instructed the municipal commissioner to conduct an inquiry and submit a report on the matter.