The Bombay High Court came down heavily on the Malegaon Municipal Corporation (MMC) for its “apathy and dereliction of duty” in failing to act against rampant illegal and unauthorized constructions.
A Division Bench of Justices G.S. Kulkarni and Aarti Sathe observed that despite the Petitioners’ repeated complaints about encroachments on their land reserved for a police station and staff quarters, the MMC failed to take timely action. The Court found MMC’s affidavit “shocking,” especially its assertion that removing unauthorized constructions did not deserve priority over other municipal works.
Reiterating settled principles from multiple Supreme Court and High Court rulings, the Bench held that unauthorized constructions cannot be tolerated or regularized. The Court directed MMC to demolish the illegal constructions within 30 days, with police protection if necessary, while keeping ownership disputes between private parties open for separate adjudication.
Appearances:
Mr. A.R. Shaikh i/by Ms. Aisha Ansari for Petitioners.
Mr. S.S. Patwardhan, for Respondent Malegaon Corporation.
Ms. Savita A.Prabhune, AGP, for the State.
Mr. Sanjeev P. Kadam, Senior Advocate, with Mr. Prashant P.Raul with Ms. Varsha Thorat i/by Mr. Vikas Mourya for Applicant/Intervenor in IA.11864/2025.
Mr. M.M. Vashi, Senior Advocate, with Mr. Mahendra Sandhyanshiv with Ms. Manisha Desai for the Intervenor/Applicant in IA.11866/2025.
