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SC backs Bombay HC order on clearing illegal constructions on private land in Thane

#Law & Policy#India#Maharashtra#Mumbai City
Last Updated : 20th Jun, 2025
Synopsis

The Supreme Court has backed the Bombay High Court's order for the demolition of 17 unauthorised multi-storey buildings in Thane's Shil-Dighar area. Built without approvals on privately owned land, these structures have been linked to underworld encroachment and municipal negligence. The Court warned of dangerous precedents if such violations continue unchecked, applauding the High Court's tough stance. Though the demolition affects over 400 flats, the bench emphasised that buyers cannot claim rights over illegal constructions. In a related matter, the Court granted a one-week stay on the demolition of a nearby unauthorised dargah, urging legal compliance while respecting religious sensitivity.

The Supreme Court has endorsed the Bombay High Court?s interim directive authorising the demolition of 17 unauthorised multi-storey buildings in the Shil-Dighar locality of Thane. These constructions, situated on land owned by a private individual, were carried out without approvals and are now under scrutiny for being linked to a broader pattern of underworld encroachment and civic collusion.


The top court raised alarm over the unchecked rise of such illegal structures, warning that if not dealt with firmly, even national monuments like the Gateway of India could be under threat. The bench commended the High Court for its decisive approach, stressing that a message needed to be sent against unauthorised developments, especially those reportedly facilitated by criminal syndicates operating in urban zones like Mumbra and Shil-Dighar.

The petitioner, an elderly citizen, had taken legal recourse to reclaim possession of his encroached land. Over the years, this property had been developed into multi-storey residential complexes without any legal permissions. The court expressed concern about the role of civic authorities, who failed to act when construction was underway and only responded once legal intervention was sought. The judiciary made it clear that civic bodies must not wait for judicial orders to act against illegal constructions.

At least 400 flats are said to be affected by the order, leaving hundreds of residents in a state of uncertainty. One resident shared how he had invested his entire life savings into his apartment and now faces the loss of his home. The court, however, stated that buyers could not claim rights over properties built without approvals, irrespective of whether they were aware of the irregularities.

In a separate but related development, the Supreme Court issued a temporary one-week stay on the demolition of a dargah located in the vicinity, also deemed unauthorised by the High Court. The managing trust has been granted time to approach the High Court for further relief. This move ensures that religious sensitivities are balanced with legal due process, though the court reiterated that unauthorised religious or commercial structures too must comply with the law.

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