Bombay HC Slams Thane Municipal Corporation For Illegal Construction On Govt Land, Orders Demolition

**Bombay High Court Orders Demolition of Illegal Buildings in Thane, Slams TMC for Inaction**

*Mumbai:* The Bombay High Court has come down heavily on the Thane Municipal Corporation (TMC) for shielding illegal constructions allegedly built with the blessings of a former municipal corporator. In a strong ruling on September 22, a bench comprising Justices Girish Kulkarni and Aarti Sathe ordered the demolition of three multistorey buildings along with an unauthorized bar and restaurant established on government land designated for cattle grazing.

The court expressed shock at the civic body’s persistent inaction. “This is another case which would shock the conscience of the Court inasmuch as on the land in question,” the bench remarked. It further noted that the three buildings were constructed without any permission from the Thane Municipal Corporation. The constructions appeared to have the approval of the then Municipal Corporator, as alleged in the petition.

### About The Plea

The High Court was hearing a petition filed by Niraj Kabadi, who alleged that three buildings—Wings A, B, and C—were erected on plots at Mauje Majiwada, Thane, without obtaining the necessary conversion permissions from the state government.

Additionally, former corporator Bhushan Bhoir and others had started “Mogambo Bar and Family Restaurant” (later renamed Madhushala Bar) in their wives’ names without the required approvals. These facilities have been reportedly used for parties and events.

### Court Observations on TMC’s Inaction

Despite a coordinate bench granting police protection for demolition back in January 2025, the TMC failed to take any action against the illegal constructions. The court observed, “It appears that the Municipal Corporation had adopted an approach to subsist such illegality and was not very keen to implement the law of the land,” questioning the delay in enforcing court orders.

The judges also referred to earlier proceedings involving a plea by Subhadra Takle, which led to the demolition of 17 similar unauthorized structures in Thane after court mandates—a decision later upheld by the Supreme Court.

### Defense and Court’s Response

Senior advocate Ram Apte, representing the TMC, argued that demolition attempts were hindered due to protests and attempts to gather public crowds at the site. However, the court refused to accept this excuse. It stressed, “If the real intention of the Municipal Corporation was to undertake demolition, then the first step would have been disconnection of electricity and water supply.”

### Court Directives

Accepting an undertaking from advocate Apte, the court directed the TMC to:

– Issue notices to the occupants within one week
– Disconnect electricity and water supply within 15 days
– Proceed with demolition thereafter, with police protection if necessary

The court clarified that the concession of allowing notice before demolition was granted only considering the ongoing festive season. It emphasized that the occupants had long been aware that they were residing in unauthorized premises.

### Conclusion

The bench ordered the demolition of the “rank illegal and unauthorized” buildings and stressed that the TMC must demonstrate a “real intention” this time to dismantle illegal structures and uphold the law.

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