Illegal structure regularisation no right says Bombay HC

10 Oct 2023 CW Team

The Bombay High Court has revoked a stay on the demolition of a shop located within the premises of a housing society in Jawahar Nagar, Goregaon (west). The court's decision comes with an observation that there is a common misconception among people that regularizing an unauthorized structure is an inherent right.

In an order dated October 5, Justices Gautam Patel and Kamal Khata remarked, "This has now become a situation where regularisation is almost in the nature of a fundamental right. Every person seems to believe that planning law is irrelevant and that he or she is entitled to put up an entirely unauthorized construction and can then simply seek regularisation as a matter of right."

The owner of the shop, Prakash Aswani, had approached the High Court seeking the quashing of the Brihanmumbai Municipal Corporation's (BMC) demolition notice issued in November 2021. In December 2021, an interim stay on the demolition was granted by the HC pending further hearings. However, in January 2023, Vallabha Krupa Cooperative Housing Society informed the HC that the shop had been constructed in the passage leading to the entrance of the building. Due to the perilous condition of their building, the BMC had already demolished it. The society's advocate, Amogh Singh, explained that the shop was now obstructing the entire redevelopment process.

The High Court's decision to lift the stay on the shop's demolition highlights the importance of adherence to planning laws and regulations while underscoring that regularization of unauthorized constructions should not be taken as an automatic entitlement.

Equipment

11 Dec 2025

Caterpillar Debuts Three New Cat Excavators at EXCON 2025

Caterpillar Inc., a global leader in construction and mining machinery, strengthened its commitment to India’s infrastructure growth with the debut of three new Cat® hydraulic excavators at EXCON 2025, held from December 9–13 at the Bangalore International Exhibition Centre. The new models—Cat 321, Cat 322 and Cat 324—mark a significant step forward in delivering efficient, digital-ready equipment tailored for India’s evolving construction needs.Designed to support sustainability and productivity on modern jobsites, the machines feature advanced powertrains and intelligent electrohy..

JK Tyre Expands OTR Lineup with Four New Launches at EXCON 2025

JK Tyre & Industries, one of India’s leading tyre manufacturers, introduced four new Off-the-Road (OTR) tyres at the 13th edition of CII EXCON 2025, South Asia’s largest construction equipment exhibition, underway at the Bangalore International Exhibition Centre. The latest additions strengthen the company’s OTR portfolio and reaffirm its focus on delivering advanced mobility solutions for construction, mining and industrial operations.The new tyres were unveiled by R Mukhopadhyay, Director (R&D), JK Tyre. Among the highlights was the debut of the SKY GRIP, a specialised tyre des..

ACE, Sanghvi Movers Ink MOU to Boost India-Made Heavy Crane Adoption

Action Construction Equipment (ACE), the world’s largest pick-and-carry crane manufacturer and a leading Indian construction equipment maker, has entered into a strategic Memorandum of Understanding with Sanghvi Movers, Asia’s largest and the world’s fifth-largest crane rental company. The partnership aims to accelerate the deployment of indigenously manufactured heavy slew cranes, particularly truck cranes and crawler cranes, across large-scale infrastructure and industrial projects in India.The alliance aligns strongly with the Government of India’s “Aatmanirbhar Bharat” and “M..