Need comprehensive policy to deal with illegal constructions: HC to state

A division bench of justices GS Kulkarni and Manjusha Deshpande said that the state’s urban development department cannot remain a mute spectator when a large number of matters pertaining to illegal constructions are reaching the high court.

MUMBAI: The Bombay High Court has expressed an urgent need for a comprehensive state-wide policy to deal with rampant unauthorised constructions across major cities in Maharashtra, after noticing that municipal corporations were finding it difficult to deal with the menace.

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 Manjusha Deshpande said that the state’s urban development department cannot remain a mute spectator when a large number of matters pertaining to illegal constructions are reaching the high court.

“To overcome the rampant illegalities in matters of development and construction within the jurisdiction of all the planning authorities in the state, the urban development department needs to step in by notifying a comprehensive and/or a robust policy,” the bench said, adding that such a policy should be uniformly implemented.

“In the absence of a drastic approach to curb unauthorised and illegal constructions, the future of fast-growing towns would be nothing but a colossal failure in achieving the ideals of lawful and appropriate town planning, resulting in chaos and disaster…for the generations to come,” the bench added.

The TMC informed the court that the demolition work started in February after disconnecting the water and electricity supply to the building. Initially, the walls of the third and fourth floors were demolished, making the building uninhabitable, civic officials said. Subsequently, in June, the slabs were also demolished, and now the remaining structure will be razed to the ground.

The judges were, however, irked to note that this was not the first time an illegal building was constructed on the plot. An earlier illegal construction on the plot was demolished following a May 2009 high court order. The four-storey building being demolished now was constructed in 2017-18, again without obtaining any planning permissions, the court noted.