Bombay HC Fines Andheri Property Owner ₹10 Lakh Over Illegal Structures
The Bombay High Court has dismissed petitions challenging notices issued by the Brihanmumbai Municipal Corporation (BMC) for the removal of unauthorised constructions across approximately 34,000 square feet in Andheri (West), Mumbai. The court imposed a penalty of ₹10 lakh on the property owner, stating that the order should serve as a deterrent for law-breakers.
A division bench comprising Justices A S Gadkari and Kamal Khata pulled up both the petitioner, Shah Constructions Co. Ltd, and the civic administration along with elected representatives for allowing unauthorised developments to proliferate over the years. The court directed the petitioner to pay the ₹10 lakh fine to the Bar Council of Maharashtra and Goa’s Advocate Academy and Research Center.
Shah Constructions had approached the High Court against notices issued on May 26 and July 1 by the designated officer of the BMC's K-West ward. The disputed constructions included five porta cabins, a temporary shed used as a car workshop, three banquet halls, multi-purpose temporary sheds, an office, a storage shed, a shop, and a toilet.
The petitioner argued that the buildings were tolerated commercial structures erected prior to April 1, 1962, citing a 1961 stone-cutting licence issued by the civic body. However, the BMC found that the firm failed to prove the structures existed before the cutoff date and ordered their removal within 15 days.
The bench rejected the petitioner's claims, ruling that a 1961 licence did not establish the existence of the contested structures before 1962. The court also clarified that assessment bills, electricity bills, and shop and establishment licences cannot render an illegal structure lawful.
Addressing the petitioner's offer to voluntarily demolish around 18,000 square feet of the total 34,000 square feet of unauthorised development, the judges described the move as an attempt to retain what is entirely unauthorized. The bench observed that allowing the structures to stand would signal that illegalities are pardoned when backed by money.
The bench expressed concern over the public trend of building first and seeking regularisation later. The court also held the BMC and elected representatives accountable, noting that the civic body had repeatedly failed in its duty to act against unauthorised commercial and residential constructions.
