The Bombay High Court has strongly criticized the Brihanmumbai Municipal Corporation (BMC) for demolishing a structure near Mith Chowky metro station in Malad (West) on February 6, merely 13 days after issuing a demolition notice. Justice Milind Jadhav, in a May 7 order, described the corporation's action as displaying 'alarming alacrity and efficiency' and found it shocking.
Background of the Case
The court was hearing an appeal filed by Ashok Kule, the owner of the demolished structure, against a March 10 order of the Dindoshi civil court. The lower court had refused to direct the BMC to reconstruct the demolished building. Kule had earlier filed a suit against the BMC after the demolition.
Timeline of Events
- January 23: The BMC issued a demolition notice for the structure, which comprised 15 rooms in Valnai village.
- January 27: Kule submitted a detailed reply to the notice.
- January 31: The designated officer passed an ex parte speaking order, declaring the entire structure unauthorized due to the absence of a BMC-sanctioned plan.
- February 6: The structure was demolished.
Kule then approached the trial court seeking interim relief, specifically the restoration of the premises to its pre-demolition state. However, the court only granted him the liberty to apply to the BMC, prompting him to appeal to the high court.
Arguments Presented
Kule's advocate, Janay Jain, argued that the premises were part of a censused structure spanning over 5,000 square feet and had existed on the land for more than five decades. He claimed that Kule had submitted documentary evidence, but the BMC failed to consider it.
Court's Observations
Justice Jadhav noted that the timeline presented prima facie indicated that the BMC 'acted in an extremely high-handed manner.' He highlighted that the BMC's own circular from April 2025 provides guidelines for unauthorized constructions, explicitly stating that no demolition should be carried out without a show-cause notice and within 15 days of serving the demolition notice.
'The timeline shows that the guidelines have been flouted by the designated officer and even the officer ordering demolition,' Justice Jadhav remarked. He emphasized that it is incumbent upon the BMC to provide an 'appropriate explanation' to the high court. If the BMC fails to do so, the court 'will have no option but to direct restoration and reconstruction of the premises' and also 'penalise' the officers involved.
Directions to the BMC
Issuing notice to the BMC and scheduling the next hearing for June 18, Justice Jadhav directed that the BMC's reply must disclose the names of the officers responsible. 'The corporation cannot take law into its own hands, deny the principles of natural justice, deny complying with guidelines issued in its own circular, and then not be answerable to anybody. The corporation is answerable to this court,' he stated.
The judge specifically directed the deputy municipal commissioner to explain the circumstances and reasons that 'constrained and/or prompted' BMC officers to disregard the prescribed timeline and proceed with the demolition without a personal hearing for Kule, 'in undue haste, within a span of merely 13 days from the date of issuance of the statutory demolition notice.'
Furthermore, Justice Jadhav ordered the municipal commissioner to ensure that these directions are followed.
