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The Bombay High Court today directed the Kalyan-Dombivli Municipal Corporation (KDMC) to demolish a ground-plus-six-storey illegal building in Govindwadi, Ayare village, Kalyan, within two months. This order follows a complaint filed by a local resident last year, stating that the building, named Siyam Villa, was constructed without any planning permissions. The court emphasized that such unauthorized constructions cannot be regularized and must be demolished. This ruling highlights the court's firm stance against illegal building activities and its expectation that civic bodies enforce demolition notices swiftly, ensuring adherence to urban planning laws.
The Bombay High Court has directed the Kalyan-Dombivli Municipal Corporation (KDMC) to demolish a ground-plus-six-storey illegal building located in Govindwadi, Ayare village, Kalyan. The court's order mandates the demolition to be completed within two months. Advertisement
This directive follows a complaint filed on July 23 of last year by Safwan Jafar Hussain Sayyad, a local resident. Sayyad had reported that the building, named Siyam Villa, was constructed without obtaining any planning permissions, making it entirely unauthorized. The KDMC had issued a show-cause notice to the builder on August 6 of last year, followed by an official demolition notice in August 2024, but no substantial action had been taken to enforce it.
A bench comprising Justices G.S. Kulkarni and Arif Doctor emphasized that the construction was entirely unauthorized and must be demolished before any process for regularization could even be considered. The bench reaffirmed that regularization cannot make an illegal construction legal after the fact. The court noted that no planning permission was obtained before construction began, which violates provisions of the Maharashtra Regional & Town Planning Act. The court also ruled that occupants of illegal buildings have no legal rights, regardless of arguments based on fairness or sympathy.
The KDMC had initially declared the building unauthorized several years ago, in August 2019, and had planned its demolition. However, due to delays in action, the landowner, who had initially sought demolition, approached the High Court to speed up the process. He also sought penalties against both the developer and civic officials who failed to enforce stop-work notices.
Occupants of the building had previously applied for regularization, asking for the building to be certified despite lacking necessary approvals. However, the court had rejected those pleas, stressing that only lawful constructions can be recognized under statutory procedures. This ruling serves as a strong reminder of the legal consequences of unauthorized construction and the importance of adherence to urban planning regulations.
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