Bombay HC Issues Notice To BMC Over Failure To Remove Encroachments On Sion-Trombay Stretch For Road Widening

Mumbai, June 18: The Bombay High Court has issued notice to the BMC Commissioner and two senior officers for failing to remove encroachments for the widening of a road in Mandala Village on the Sion-Trombay stretch despite last November’s order, while it felled 192 trees for the purpose.

A bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad on June 12 directed the Commissioner to personally file a reply, after which it will decide whether to initiate contempt of court proceedings.

“After considering the reply of the Commissioner, we would decide as to whether contempt of court proceedings need to be initiated against respondent nos. 1 (BMC through the Commissioner) to 3 under the provisions of the Contempt of Courts Act,” they said.

The two officers are the Assistant Municipal Commissioner of M(E) Ward and M(W) Ward.

Court questions civic inaction

The HC passed the order while hearing a petition by a local resident last year highlighting the BMC’s inaction despite several complaints. As per the plea by Atish Vaity, the land was donated in 1992 by the Department of Atomic Energy (DAE) to the BMC to develop a 50-ft-wide road. An NOC was granted in February 2016 for development on DAE land.

The court noted that between 2010 and 2011, the BMC issued seven notices for the removal of encroachments near the BARC compound wall. It also cut around 192 trees to facilitate road widening. However, the BMC laid only a 30-ft-wide road.

“Because of the encroachments, even a fire tender cannot enter because of the narrow roads and the Fire Department has communicated this fact to the Corporation,” the court noted in its order.

The petition has urged the HC to direct the BMC to complete construction of the entire 50-ft-wide road.

HC warns of contempt action

The High Court, on November 18, 2025, granted the BMC 180 days, of which 90 days were to be utilised for the removal of encroachments. The court disposed of the petition but listed it on June 12 to check compliance with its order.

On June 12, the HC noted that despite granting time and the BMC issuing several notices in 2010-2011 and felling 192 trees, “nothing substantial has been done”.

In a detailed order, the court observed that for the last 16 years, the Corporation has “apparently turned a blind eye to the encroachment” and, despite its directions, “hardly any steps have been taken”. The Corporation did not even have the courtesy towards the Court to move an application seeking an extension of time, it added.

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“Our order has been practically ignored. We are informed that a decision has been taken in principle to have a 40-ft-wide road,” the judges said.

“In view of the above, we are compelled to suo motu issue notice” to the Commissioner and Assistant Municipal Commissioners, the court said and kept the plea for hearing on July 7.

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