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.

Infrastructure Urban

06 Jul 2026

ABS Marine Sees CRISIL Credit Rating Upgrade

ABS Marine Services has secured an upgrade to its long term and short term credit ratings from CRISIL, reflecting improved profitability and revenue growth through long term contracts. CRISIL moved the long term rating from BBB+/Stable to A-/Stable and revised the short term rating from A2 to A2+. The action signals strengthened financial metrics and operational resilience. The company benefited from durable client relationships with firms such as ONGC and Schlumberger. The rating decision followed stronger cash flows and an enlarged bank loan facility, which increased from Rs 3,705 million (m..

Project BRAHMANK Marks 16 Years Of Strategic Roads In Arunachal

Project BRAHMANK is marking 16 years of work to establish strategic road and bridge links across Arunachal Pradesh, maintaining and developing 811 kilometres of roads and nearly 86 bridges that range from small culverts to large steel and arch bridges. These transport links are described as critical for ensuring year-round movement of defence personnel, equipment and essential supplies while improving everyday travel for people in remote villages. The project balances national security requirements with regional development by focusing on reliable access in challenging terrain. Notable enginee..

Longleng CSOs Give One Week Ultimatum Over Two-Lane Highway

Civil society organisations (CSOs) in Longleng district have demanded immediate restoration of the deteriorating Changtongya–Longleng two-lane road and sought a detailed status report on the stalled construction within one week. The demand followed a consultative meeting convened under the Phom Peoples' Council (PPC) to discuss welfare and development concerns. PPC president YB Angam Phom said prolonged non-maintenance had caused hardship to commuters and affected transportation, local commerce and the district's development. The meeting urged authorities to undertake immediate restoration a..