Bombay HC Orders Demolition of Illegal Buildings in Thane Green Zone

02 Jul 2025 CW Team

The High Court, expressing serious concern over the proliferation of illegal structures on green zone land, directed all municipal corporations within the Mumbai Metropolitan Region to enforce a 2009 Government Resolution (GR) that had previously been overlooked. This resolution provides strict guidelines aimed at curbing unauthorised construction.

The court’s order was prompted by a petition filed by 74-year-old Subhadra Takle, who claimed that 17 illegal buildings had been constructed on her 5.5-acre property located within a designated Green Zone in Thane. A bench comprising Justices Girish Kulkarni and Arif Doctor described the case as one that deeply disturbed the court and subsequently ordered the immediate demolition of the structures, along with a judicial inquiry.

During a hearing on Thursday, Thane Municipal Corporation’s legal representatives informed the court that a new survey had identified 21 illegal buildings, exceeding the number initially reported. Thirteen of these structures had already been demolished, while the remaining eight included four fully occupied and four partially occupied buildings. The corporation confirmed that demolition of the partially occupied structures would be carried out in accordance with legal provisions.

The court later took note of a communication from the TMC commissioner to the concerned officers, which conveyed strong disapproval of the situation and called for immediate corrective action.

The SOP rolled out by the commissioner outlines the development of building-specific demolition schedules, recovery of demolition costs from the respective owners and occupants, and plans for environmentally responsible debris disposal. The SOP also suggests that the debris could either be reused for civic works or otherwise disposed of in an eco-friendly manner.

The court acknowledged the relevance of the 2009 Government Resolution, originally formulated under the leadership of the then Urban Development Secretary Manu Kumar Shrivastav. It observed that consistent enforcement of this resolution could have prevented the widespread emergence of illegal constructions under the jurisdiction of municipal corporations in the region. Consequently, the court instructed all municipal corporations within the Mumbai Metropolitan Region to strictly implement the resolution moving forward.

The High Court also took cognisance of disciplinary actions already initiated against municipal officials. One Assistant Municipal Commissioner, Faruk Shaikh, had been suspended, while show-cause notices were issued to three other assistant commissioners, three beat mukadams, and one beat inspector.

Additionally, the court suggested that at least 10 per cent of the demolition costs should be recovered from officials found complicit in allowing such illegal constructions. The matter has been scheduled for the next hearing on July 10.

News source: The Free Press Journal

Following a demolition order issued by the Bombay High Court, the Thane Municipal Commissioner introduced a Standard Operating Procedure (SOP) instructing officials to take firm and sustained action against unauthorised constructions throughout the city.The High Court, expressing serious concern over the proliferation of illegal structures on green zone land, directed all municipal corporations within the Mumbai Metropolitan Region to enforce a 2009 Government Resolution (GR) that had previously been overlooked. This resolution provides strict guidelines aimed at curbing unauthorised construction.The court’s order was prompted by a petition filed by 74-year-old Subhadra Takle, who claimed that 17 illegal buildings had been constructed on her 5.5-acre property located within a designated Green Zone in Thane. A bench comprising Justices Girish Kulkarni and Arif Doctor described the case as one that deeply disturbed the court and subsequently ordered the immediate demolition of the structures, along with a judicial inquiry.During a hearing on Thursday, Thane Municipal Corporation’s legal representatives informed the court that a new survey had identified 21 illegal buildings, exceeding the number initially reported. Thirteen of these structures had already been demolished, while the remaining eight included four fully occupied and four partially occupied buildings. The corporation confirmed that demolition of the partially occupied structures would be carried out in accordance with legal provisions.The court later took note of a communication from the TMC commissioner to the concerned officers, which conveyed strong disapproval of the situation and called for immediate corrective action.The SOP rolled out by the commissioner outlines the development of building-specific demolition schedules, recovery of demolition costs from the respective owners and occupants, and plans for environmentally responsible debris disposal. The SOP also suggests that the debris could either be reused for civic works or otherwise disposed of in an eco-friendly manner.The court acknowledged the relevance of the 2009 Government Resolution, originally formulated under the leadership of the then Urban Development Secretary Manu Kumar Shrivastav. It observed that consistent enforcement of this resolution could have prevented the widespread emergence of illegal constructions under the jurisdiction of municipal corporations in the region. Consequently, the court instructed all municipal corporations within the Mumbai Metropolitan Region to strictly implement the resolution moving forward.The High Court also took cognisance of disciplinary actions already initiated against municipal officials. One Assistant Municipal Commissioner, Faruk Shaikh, had been suspended, while show-cause notices were issued to three other assistant commissioners, three beat mukadams, and one beat inspector.Additionally, the court suggested that at least 10 per cent of the demolition costs should be recovered from officials found complicit in allowing such illegal constructions. The matter has been scheduled for the next hearing on July 10.News source: The Free Press Journal

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