Bombay HC Quashes BNCMC Notices for Bhiwandi Road Widening
The Bombay High Court has quashed notices issued by the Bhiwandi Nizampur City Municipal Corporation (BNCMC) for its proposed 36-metre road-widening project affecting properties between Anjurphata and Rajiv Gandhi Chowk in Bhiwandi, ruling that the civic body cannot seize private land without following statutory acquisition procedures and paying compensation.
A Division Bench of Justices Manish Pitale and Shreeram V. Shirsat, in an order dated July 29, 2026, allowed a batch of writ petitions challenging notices issued by the Assistant Director, Town Planning, BNCMC. The petitions included Writ Petition Nos. 1799, 1800, 1802, 1804, 1806, 1808, 1809, and 1810 of 2026.
The challenged notices, issued on October 10, 2025, and November 14, 2025, required affected property holders to submit documents under threat of eviction. Subsequent notices alleged that structures were unauthorised and warned of demolition within 24 hours for the road-widening project.
The High Court held that the civic body's actions were arbitrary and unsustainable shortcuts. The bench ruled that if the BNCMC intends to widen roads under the development plan, it must formally initiate land acquisition under the Maharashtra Regional and Town Planning Act, 1966, read with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
The court emphasized that the statutory process requires depositing funds, hearing objections from affected persons, determining compensation, passing an award, and disbursing payments before taking possession. Government advocates confirmed during the hearing that the BNCMC had not submitted any proposal to the state government for acquiring the properties.
The bench also held that compensation through Transferable Development Rights (TDR) cannot be forced upon landowners without their consent. Where landowners decline TDR, authorities must pay monetary compensation.
Following the ruling, the Kalyan Road Vyapari Va Rahivasi Sangharsh Samiti, Bhiwandi, held a press conference to inform local residents and traders. Samiti president Shadab Usmani stated that property owners do not oppose development, but demanded that private land for road widening must only be acquired through transparent, lawful processes with due hearing and compensation.
