Bombay HC Forms Special Panel To Tackle Rising BMC-Linked Litigation, Flags Civic Apathy And Illegal Redevelopment In Dadar

Mumbai: “Disturbed” by the rising number of avoidable court cases involving the Brihanmumbai Municipal Corporation (BMC), the Bombay High Court has set up a special committee to recommend corrective measures.

The court noted that several litigations arise due to the negligence or inaction of civic officials and emphasised that many of these matters could be resolved at the municipal level without burdening the judiciary.

A bench of Justices Girish Kulkarni and Kamal Khata, on July 18, expressed concern over what it described as an “alarming” situation and stressed the need for an independent and systematic effort to stem the tide of litigation.

Panel to Suggest Litigation Policy and Identify Negligent Officials

The committee will suggest ways to reduce such cases, identify problematic wards and officials responsible for lapses, and help frame a robust litigation policy. The detailed order copy was made available on Friday.

“Large volumes of litigation that reach the court are unnecessary. Many of these are due to the civic body’s failure to act on citizen complaints, non-disposal of applications, and routine violations. These can be handled administratively without wasting public resources,” the court observed.

Illegal Building Occupied for 12 Years Without OC, Court Slams Officials

The committee was constituted while hearing a batch of petitions, including one by Sameer Patil through advocate Sanjiv Sawant, concerning a stalled redevelopment project in Dadar. The court flagged serious lapses by civic officials, who allowed illegal occupation of a building under construction for over a decade, without any Occupation Certificate (OC) or statutory clearances.

Over 110 Tenants Denied Homes, Court Calls It 'Appalling'

The ten-storey structure, essentially a skeletal frame without approvals, has been partly occupied by 12 commercial establishments on the ground floor and two units on the first floor, even as 110 residential tenants have been denied their rightful homes for over 15 years.

The Special Committee, comprising former Bombay HC judge Justice Gautam Patel and senior advocate Naushad Engineer, has been tasked with examining the nature of ward-wise litigations and identifying reasons for municipal failures.

The committee will also recommend a blueprint for a “robust litigation policy” and suggest corrective measures. The Municipal Commissioner will nominate four civic officers to assist the panel. The report is to be submitted within four months.

The court highlighted that BMC, being one of Asia’s oldest and richest civic bodies with a budget surpassing several Indian states, must adopt a transparent and efficient approach to governance. “A clear action plan will pave the way for a more lawful, accountable, and effective civic administration,” the bench said.

Court Blasts 12 Years of Inaction on Dangerous Construction

The court remarked that the situation raises grave concerns over municipal governance. “What is appalling is that this has continued for 12 years with the complete blessings of the municipal machinery,” the bench observed. “Every possible officer right up to the concerned Additional Commissioner has turned a blind eye.”

The Court took particular note of the failure to issue mandatory notices under the Mumbai Municipal Corporation Act, 1949 and Maharashtra Regional Town Planning Act, 1966. “Section 353A clearly prohibits occupation of any premises without a completion certificate or OC. Yet, hundreds of customers visit these shops daily in a building not even certified for basic safety or fire compliance,” the Court noted.

Court Questions If Common Man Has a Place in This System

Concerned about the growing trend of civic inaction resulting in avoidable litigation, the Court said, “We would wonder whether a common man has any place in this system.” It stressed that systemic changes were essential to restore legality and reduce unnecessary litigation clogging the courts.

MHADA Begins Redevelopment Process With Structural Audits

MHADA, meanwhile, informed the court that it has begun structural audits and will start the process of redevelopment, including provision of transit accommodation for displaced tenants. The HC has kept the matter for hearing on August 1.