Bombay High Court criticizes Thane officials for ignoring illegal construction in Shil village. Orders demolition of a six-storey building, warns against post-facto regularization, and demands a compliance report by July 2.
Mumbai,June 30, 2025: The Bombay High Court has come down heavily on municipal and government officials for their failure to act against illegal constructions, stating that while courts and lawmakers understand the law, officials appear indifferent to it.
In a scathing observation, a division bench of Justice Girish Kulkarni and Justice Arif Doctor questioned:
“Have government officials taken an oath to uphold the law only to ignore it? Are they waiting for the courts to direct them every time before demolishing illegal structures?”
This sharp criticism came during a hearing on a writ petition filed by Feroz Khan, highlighting the illegal construction of a six-storey building on Survey No. 52 in Shil village, Thane district, without any approval from the Municipal Corporation.
The Court ordered the immediate demolition of the illegal building and directed the Thane Municipal Corporation to submit a compliance report by July 2.
While the Municipal Corporation, through Advocate Jagadish Reddy, informed the court that a notice had been issued under Section 260 of the Maharashtra Municipal Corporation Act back in February 2024 and an FIR was filed in January 2025, the Court questioned the continued inaction that allowed the structure to reach its full height.
“Why was there no action after issuing the notice, especially when construction had already reached the top floor? Why did the officials remain silent as the building grew?” the bench asked.
The builders, Noor Khan and Hasan Sheikh, argued through their counsel that people are already living in the building, and they had submitted an application to regularize the structure on May 19, 2025.
Rejecting this justification, the Court said, “Occupancy can only be allowed once the building receives an official completion certificate. This blatant violation has led to illegal occupation and property sales. If such constructions are legalized post-facto, it will lead to total chaos.”
The bench reiterated that timely intervention by officials is critical to protect not just land and environment but also innocent homebuyers. The court’s comments also referenced a similar case involving 17 illegal buildings in Shil village, where Thane Municipal Corporation had reportedly shown complete apathy.
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