In a writ petition filed by Tulip Heights Housing Society, the Bombay High Court has permitted amendment of the petition to incorporate detailed averments regarding alleged violations of legal and constitutional rights arising from illegal construction by a developer, which was approved by municipal officers. The Court was hearing the matter involving flats purchased by residents based on registered agreements and Maha-RERA records, only to later discover that the building was unauthorized.
The petitioners sought relief not only against the demolition of the illegal structure, which they conceded was necessary, but also demanded accountability from municipal officers for allowing such construction to proceed. They emphasized that they were innocent purchasers who had relied on officially registered documents and information, investing their life savings into the property. They also requested the Court to ensure criminal and penal action against erring officials.
The Court acknowledged the broader grievance raised and granted permission to amend the petition to reflect these constitutional and legal concerns. Citing the earlier decision in Sandeep Pandurang Patil v. State of Maharashtra, 2024 SCC OnLine Bom 3599, the Court reaffirmed that demolition must proceed as per established directions, with police support to ensure smooth execution within three months.
Additionally, the Bench asked the Public Prosecutor to apprise the Court of the progress of investigation into FIRs filed by the Municipal Corporation concerning 57 such illegal construction projects, including the one in question. The Enforcement Directorate’s involvement was also flagged, with the Court allowing its standing counsel to be called upon, if necessary, to inform the Court of ongoing action.
The matter is scheduled for further hearing on 4 July 2025.
Advocates appearing in the case:
Ms. Preeti Walimbe with Ms. Vaishnavi Nagargoje for the Petitioners.
Ms. Savita Prabhune, AGP for State/Respondent No.1.
Mr. A. S. Rao for Respondent Nos.3 to 5.
Mr. H. S. Venegaonkar, PP for State.
Read the Order
