Illegal structure regularisation no right says Bombay HC
Real Estate

Illegal structure regularisation no right says Bombay HC

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.

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.

Related Stories

Gold Stories

Next Story
Products

Koemmerling opens Navi Mumbai experience centre

Koemmerling, a brand of the profine Group, has expanded its presence in the Mumbai metropolitan region with the opening of a new experience centre in Navi Mumbai and launched its Allure S46 minimal sliding door system for the Indian market.Located in CBD Belapur, the facility was inaugurated by Peter Mrosik, Owner and CEO, profine Group, along with Farid Khan, Chairman and Managing Director, profine India, and Kamal Bajaj, CEO, profine India.The company said the new centre will showcase its portfolio of uPVC and aluminium window and door systems to architects, developers and homeowners.The ina..

Next Story
Products

India's waterproofing market nears Rs 150 bn milestone

India's waterproofing industry is approaching a market size of Rs 150 billion and is expected to surpass the $2 billion milestone, according to speakers at the 2nd India International Waterproofers Conference & Expo 2026 organised by the Waterproofers Association of India (WAI) in New Delhi.The two-day event brought together more than 20 speakers, 55 international delegates and 53 exhibition booths, with discussions focusing on climate-resilient construction, advanced waterproofing technologies and international collaboration.Inaugurating the event, Durga Shanker Mishra, former Secretary, ..

Next Story
Real Estate

Dilip Buildcon Q1 FY27 Revenue at Rs 23.78 billion

Dilip Buildcon Limited reported consolidated revenue from operations of Rs 2,378 crore in Q1 FY27, along with EBITDA of Rs 429 crore and profit after tax of Rs 128 crore.Consolidated EBITDA margin stood at 18.1%, improving from 17.1% in Q4 FY26. On a standalone basis, revenue from operations was Rs 1,930 crore, EBITDA stood at Rs 199 crore and PAT was Rs 39 crore, with an EBITDA margin of 10.3%.The company’s order book stood at Rs 27,691 crore as of 30 June 2026, compared with Rs 28,830 crore as of 31 March 2026. Roads and highways accounted for 17.1% of the order book, irrigation and water ..

Advertisement

Subscribe to Our Newsletter

Get daily newsletters around different themes from Construction world.

STAY CONNECTED

Advertisement